Lexploria

FOURTH SECTION

CASE OF BOLDIJAR AND OTHERS v. ROMANIA

( Application no. 46831/14 and 15 others -

see appended list )

JUDGMENT

STRASBOURG

29 March 2018

This judgment is final but it may be subject to editorial revision.

In the case of Boldijar and Others v. Romania ,

The European Court of Human Rights ( Fourth Section ), sitting as a Committee composed of:

Vincent A. De Gaetano, President, Georges Ravarani, Marko Bošnjak , judges , and Liv Tigerstedt Acting Deputy Section Registrar ,

Having deliberated in private on 8 March 2018 ,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2. The applications were communicated to the Romanian Government (“the Government”).

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the inadequate conditions of their detention .

THE LAW

I. JOINDER OF THE APPLICATIONS

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION

6. The applicants complained of the inadequate conditions of their detention. They relied on Article 3 of the Convention, which reads as follows:

Article 3

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

A. Admissibility

7. In application no. 51850/15, the Government raised a preliminary objection of non-compliance with the six-month time-limit. They observed that, from 18 November 2014 to 25 May 2015, the applicant disposed of 5.04 sq. m of personal space, arguing that this period interrupted the continuity of his situation. For this reason, the Government further argued that the applicant ’ s complaint concerning his detention in Giurgiu Prison from 13 October 2014 to 25 May 2015 was lodged out of time. Consequently, the Government asked the Court to examine the applicant ’ s complaint regarding the inadequate conditions of his detention in Giurgiu and Jilava Prisons only as of 25 May 2015.

8. The Court notes that, even though the applicant disposed of more than 4 sq. m of personal space, other aspects of the physical conditions of detention remain relevant for the Court ’ s assessment of the adequacy of the applicant ’ s conditions of detention under Article 3 of the Convention (see, for example, Muršić v. Croatia [GC], no. 7334/13, § 140, ECHR 2016). In the applicant ’ s case, such aspects include d , in particular, an infestation of the cell with insects, poor quality of bedding and bed linen, poor quality of food and a lack of adequate furniture. In this regard, the Court further notes that it is not convinced by the Government ’ s observations on the adequacy of the aforementioned aspects of the physical conditions of the applicant ’ s detention and finds that, overall, the conditions of the applicant ’ s detention in Giurgiu Prison remained inadequate. It follows that the Government ’ s preliminary objection must be rejected.

9. The Court therefore finds that the applications listed in the appended table are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible.

B. Merits

10. The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants ’ detention are indicated in the appended table. The Court refers to the principles established in its case ‑ law regarding inadequate conditions of detention (see, for instance, MurÅ¡ić , cited above , §§ 96 ‑ 101). It reiterates in particular that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see MurÅ¡ić , cited above, §§ 122 ‑ 141, and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 149 ‑ 159, 10 January 2012).

11. In the pilot case of RezmiveÈ™ and Others v. Romania, nos. 61467/12 and 3 others, 25 April 2017, the Court already found a violation in respect of issues similar to those in the present case.

12. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants ’ conditions of detention were inadequate.

13. These complaints therefore disclose a breach of Article 3 of the Convention.

III . APPLICATION OF ARTICLE 41 OF THE CONVENTION

14. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

15. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, RezmiveÈ™ and Others v. Romania, nos. 61467/12 and 3 others, 25 April 2017), the Court considers it reasonable to award the sums indicated in the appended table.

16. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT , UNANIMOUSLY,

1. Decides to join the applications;

2. Declares the applications admissible;

3. Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention ;

4. Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 29 March 2018 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Vincent A. De Gaetano

Acting D eputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

( inadequate conditions of detention )

No.

Application no.

Date of introduction

Applicant name

Date of birth

Facility

Start and end date

Duration

Sq. m. per inmate

Specific grievances

Amount awarded for pecuniary and non-pecuniary damage and c osts and expenses per applicant

(in euros) [1]

46831/14

04/08/2014

Remus Boldijar

04/05/1975

Miercurea-Ciuc Prison

13/02/2014 to

20/02/2015

1 year(s) and 8 day(s)

Codlea Prison

20/02/2015

pending

More than 2 year(s) and 11 month(s) and 4 day(s)

0.87-2.04 m²

overcrowding, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of fresh air, lack of or inadequate hygienic facilities, inadequate temperature, infestation of cell with insects/rodents

lack of or inadequate hygienic facilities, poor quality of food, mouldy or dirty cell, lack of or restricted access to leisure or educational activities, lack of toiletries

3,000

541/15

28/01/2015

Remus- Nicușor Moldovan

10/03/1988

Bistrița Prison

30/05/2014 to

05/02/2015

8 month(s) and 7 day(s)

infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air

1,000

15555/15

09/05/2015

Vasile Meterez

17/10/1971

Represented by Peter Irina Maria

BUCHAREST

Ialomița County Police Arrest

26/02/2014 to

26/05/2014

3 month(s) and 1 day(s)

Poarta Albă Prison Hospital

05/05/2014 to

16/05/2014

12 day(s)

Slobozia Prison

26/05/2014 to

23/03/2015

9 month(s) and 26 day(s)

Rahova Prison

23/03/2015 to

02/07/2015

3 month(s) and 10 day(s)

Slobozia Prison

02/07/2015 to

19/05/2016

10 month(s) and 18 day(s)

3.80-7.60 m²

5.06-12.54 m²

2.1-2.32 m²

2.44-2.73 m²

1.97-2.2 m²

lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, passive smoking

lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food

overcrowding, insufficient number of sleeping places, passive smoking, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to shower, inadequate temperature, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack or inadequate furniture, lack of or poor quality of bedding and bed linen

overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or inadequate hygienic facilities, no or restricted access to warm water, passive smoking, lack of or restricted access to leisure or

educational activities, mouldy or dirty cell

overcrowding, passive smoking, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, poor quality of food, poor quality of potable water, lack of or inadequate hygienic facilities

3,000

27174/15

02/11/2015

23681/15

07/07/2015

Romeo Gabriel Ardelean

18/10/1979

Miercurea-Ciuc Prison

26/02/2014 to

06/09/2016

2 year(s) and 6 month(s) and 12 day(s)

0.87-2.14 m²

overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack or inadequate furniture, infestation of cell with insects/rodents, poor quality of food

3,000

34879/15

13/07/2015

Igor Podhraški

06/11/1970

Represented by Cornoiu Teodorian

CLUJ-NAPOCA

Cluj County Police Arrest

29/12/2014 to

27/01/2015

30 day(s)

Gherla Prison

27/01/2015 to

18/09/2015

7 month(s) and 23 day(s)

3.77 m²

2.07-2.43 m²

no or restricted access to toilet, lack of or inadequate hygienic facilities, no or restricted access to warm water, mouldy or dirty cell, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or poor quality of bedding and bed linen

overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, poor quality of food, lack of fresh air

1,000

41903/15

09/09/2015

Robert Andreas Bedners

10/01/1990

Miercurea Ciuc Prison

26/02/2015 to

30/05/2017

2 year(s) and 3 month(s) and 5 day(s)

0.87-2.14 m²

overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, lack or inadequate furniture, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air

3,000

43383/15

15/09/2015

Ionuț Prața

28/07/1976

Colibași Prison

13/11/2014 to

08/08/2016

1 year(s) and 8 month(s) and 27 day(s)

1.88-1.96 m²

overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature

3,000

46074/15

15/10/2015

Grigore Bîrzava

01/12/1985

Bucharest General Police Arrest

06/06/2013 to

04/07/2013

29 day(s)

Craiova Prison

04/07/2013 to

12/11/2014

1 year(s) and 4 month(s) and 9 day(s)

Drobeta Turnu Severin Prison

12/11/2014 to

15/12/2014

1 month(s) and 4 day(s)

Târgu -Jiu Prison

15/12/2014 to

28/07/2016

1 year(s) 7 month(s) and 14 day(s)

2.33 m²

1.21-1.7 m²

1.85 m²

1.91-1.97 m²

overcrowding, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient natural light, lack of fresh air, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of or restricted access to leisure or educational activities, lack of or inadequate hygienic facilities, no or restricted access to shower

overcrowding, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, inadequate temperature, lack of or insufficient natural light, lack of fresh air, no or restricted access to shower, lack of or restricted access to leisure or educational activities, poor quality of potable water

overcrowding, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air

overcrowding, poor quality of food, poor quality of potable water, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air

3,000

46887/15

19/10/2015

Grigore-Alin Gornoavă

01/12/1981

Gorj County Police Arrest

06/03/2013 to

28/08/2013

5 month(s) and 23 day(s)

Craiova Prison

29/08/2013 to

22/02/2016

2 year(s) and 5 month(s) and 25 day(s)

Târgu -Jiu Prison

22/02/2016

pending

More than 1 year(s) and 11 month(s) and 5 day(s)

4 m²

1.08-1.48 m²

1.48-2.04 m²

lack of or inadequate hygienic facilities, no or restricted access to toilet, inadequate temperature, lack or inadequate furniture, lack of or insufficient natural light, lack of fresh air, poor quality of food, lack of or insufficient physical exercise in fresh air

overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, poor quality of food

overcrowding, lack or inadequate furniture, lack of or inadequate hygienic facilities, no or restricted access to shower, constant electric light, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, poor quality of food, infestation of cell with insects/rodents

3,000

33600/16

30/05/2016

50118/15

06/11/2015

Marius- Alexandru Durlea

11/05/1989

Teleorman County Police Arrest

23/01/2014 to

05/02/2014

14 day(s)

Giurgiu Prison

05/02/2014 to

30/06/2015

1 year(s) and 4 month(s) and 26 day(s)

Jilava Prison

30/06/2015

pending

More than 2 year(s) and 6 month(s) and 27 day(s)

3 m²

3.39 m²

1.47-2.7 m²

lack of privacy for toilet, no or restricted access to shower

insufficient sanitary facilities, inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, lack or inadequate furniture, lack of or poor quality of bedding and bed linen

overcrowding, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, poor quality of potable water, lack or inadequate furniture, lack of or poor quality of bedding and bed linen

3,000

51850/15

06/11/2015

Sandu Curt

24/08/1978

Represented by

Peter Irina Maria

BUCHAREST

Giurgiu Prison

13/10/2014 to

05/10/2015

11 month(s) and 23 day(s)

Jilava Prison

05/10/2015 to

15/09/2016

11 month(s) and 11 day(s)

3.39-9.2 m²

1.13-1.98 m²

poor quality of food, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents

overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to shower, lack of or inadequate hygienic facilities, poor quality of food, lack or inadequate furniture

3,000

52333/15

10/11/2015

Costel Păun

01/07/1974

Represented by Peter Irina Maria

BUCHAREST

Bucharest Police Section no. 6 Arrest

13/01/2010 to

02/03/2010

1 month(s) and 18 day(s)

Rahova Prison

01/03/2010 to

25/05/2011

1 year(s) and 2 month(s) and 25 day(s)

Giurgiu Prison

21/05/2011 to

24/01/2013

1 year(s) and 8 m onth(s) and 4 day(s)

Jilava Prison

26/01/2013 to

14/01/2016

2 year(s) and 11 month(s) and 20 day(s)

2.37 m²

1.95-2.44 m²

3.39-3.88 m²

1.44-1.72 m²

overcrowding, lack of privacy for toilet, lack of or inadequate hygienic facilities, no or restricted access to warm water

overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, poor quality of potable water, lack or inadequate furniture

lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, poor quality of potable water

overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, poor quality of potable water, lack or inadequate furniture

5,000

61992/15

08/01/2016

Claudiu -Florian Isac

31/01/1982

Jilava and Ploiești prisons

29/04/2015 to

27/05/2016

1 year(s) and 29 day(s)

1.57-2.52 m²

overcrowding, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities

3,000

2763/16

24/12/2015

Florin Șumăndan

16/08/1976

Represented by

Șumăndan Petru

VLADIMIRESCU

Arad Prison

11/06/2015 to

07/01/2016

6 month(s) and 28 day(s)

3.48-8.70 m²

poor quality of food, infestation of cell with insects/rodents

1,000

[1] Plus any tax that may be chargeable to the applicants.

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CASE OF BOLDIJAR AND OTHERS v. ROMANIA

CASE OF BOLDIJAR AND OTHERS v. ROMANIA

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