Lexploria

FOURTH SECTION

CASE OF CHIRIAC AND OTHERS v. ROMANIA

( Application no. 59097/13 and 22 others -

see appended list )

JUDGMENT

STRASBOURG

8 March 2018

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

In the case of Chiriac 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 15 February 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”).

3. In application no. 40837/15, by letter dated 8 February 2017, the applicant notified the Court that he had changed his name, the new one being Ciprian -Florin Kalo . The Court advised the parties on 10 March 2017 that it would continue processing the application under the case name of Varga v. Romania . This corresponded to the applicant ’ s name as referred to in his application lodged with the Court.

THE FACTS

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

5. The applicants complained of the inadequate conditions of their detention . Some applicants also raised other complaints under Article 3.

THE LAW

I. JOINDER OF THE APPLICATIONS

6. 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

7. The applicants complained principally 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.”

8. In applications nos. 71297/14 and 24689/15 the Government raised a preliminary objection of failure to comply with the six-month time-limit claiming that the parts of the applicants ’ complaints concerning the initial period of their detention had been lodged out of time.

9. The Court observes that in application no. 71297/14 the complaint about the initial period of the applicant ’ s detention which was terminated by his release on 4 May 2010 was lodged with the Court more than four years later, on 23 October 2014. The Court further notes that the applicant ’ s complaint in application no. 24689/15, about the initial period of his detention which was terminated by his transfer on 18 April 2013 to penitentiary facilities in respect of which he did not raise any complaint, was submitted to the Court more than two years later, on 4 June 2015. In both instances these parts of their complaints were thus raised more than six months after the respective detention period had ended.

10. Accordingly, the Court accepts the Government ’ s objection in this respect and finds that these parts of the applications nos. 71297/14 and 24689/15 have been introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

11. 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 v. Croatia [GC], no. 7334/13, §§ 96 ‑ 101, ECHR 2016). 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).

12. 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.

13. 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 on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants ’ conditions of detention were inadequate.

14. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

III. REMAINING COMPLAINTS

15. The applicants in applications nos. 512/15 and 6540/15 also raised other complaints under Article 3 of the Convention.

16. The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

IV . APPLICATION OF ARTICLE 41 OF THE CONVENTION

17. 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.”

18. 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.

19. 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 complaints concerning the inadequate conditions of detention, as set out in the appended table admissible, and the remainder of the applications nos. 71297/14, 512/15, 6540/15 and 24689/15 inadmissible;

3. Holds that these complaints 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 8 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 costs and expenses per applicant

(in euros)

[1]

59097/13

12/09/2013

Petrachi Chiriac

30/04/1968

Galați County Police Inspectorate, Galați Penitentiary and Rahova Penitentiary

23/11/2012 to

22/07/2015

2 year(s) and 8 month(s)

1.6-2.7 m²

overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to running water, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to shower, passive smoking (except in Galați Penitentiary), bunk beds

3,000

31137/14

08/09/2014

George Adrian Stoican

23/04/1990

Focșani Penitentiary

13/03/2014

pending

More than 3 year(s) and 8 month(s) and 26 day(s)

1.4-2.1 m²

overcrowding, infestation of cell with insects/rodents, bunk beds, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities

3,000

37505/14

06/06/2014

Bogdan Chiriac

07/02/1982

Rahova Penitentiary

20/08/2013 to

10/07/2014

10 month(s) and 21 day(s)

1.9-2.4 m²

overcrowding, infestation of cell with insects/rodents, no or restricted access to warm water, lack of or inadequate hygienic facilities

1,000

41205/14

11/09/2014

Gheorghiță Pană

12/03/1978

Slobozia Penitentiary

17/03/2011 to

11/11/2016

5 year(s) and 7 month(s) and 26 day(s)

1.9-2.7 m²

overcrowding, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to running water, lack of toiletries, lack of or insufficient natural light, lack of fresh air

5,000

53413/14

25/08/2014

Zoran Aga

26/04/1991

Timișoara Penitentiary

26/11/2013 to

27/11/2014

1 year(s) and 2 day(s)

2.2-2.9 m²

overcrowding (save for the period between 16/12/2013 - 23/01/2014), infestation of cell with insects/rodents, bunk beds, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack or inadequate furniture, lack of or insufficient electric light, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities

3,000

53718/14

18/08/2014

IonuÈ› Ceobanu

16/01/1982

Timișoara Penitentiary

07/02/2014

pending

More than 3 year(s) and 10 month(s) and 2 day(s)

1.8 m²

overcrowding (for the period between 07/02/2014 - 15/03/2014), bunk beds, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, lack of toiletries, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air

3,000

56611/14

25/08/2014

Ioan Rus

23/02/1972

Timișoara Penitentiary , Jilava Penitentiary , Mărgineni Penitentiary , Ploiești Penitentiary

13/01/1998 to 03/04/2017

19 year(s) and 2 month(s) and 22 day(s)

1.1-2.8 m²

overcrowding, lack of fresh air, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or inadequate hygienic facilities

5,000

18869/15

13/05/2015

64965/14

25/02/2015

Dimu Polifroni

25/09/1958

Bucharest County Police Inspectorate Arrest Facility, Rahova Penitentiary, Tulcea Penitentiary, Poarta Albă Penitentiary

28/01/2013

pending

More than 4 year(s) and 10 month(s) and 15 day(s)

1.6-2.9 m²

overcrowding (save for the periods between 22/08/2013 - 05/09/2013, 06/02/2014 - 13/02/2014 and after 01/09/2015), bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to warm water, mouldy or dirty cell, lack of or insufficient natural light, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, inadequate temperature, passive smoking (Penitentiaries of Rahova and Poarta Albă ), poor quality of food, no or restricted access to running water

3,000

71297/14

23/10/2014

Florin Simion

14/05/1970

Galați Penitentiary

17/02/2014 to

03/04/2014

1 month(s) and 18 day(s)

Brăila Penitentiary

03/04/2014

pending

More than 3 year(s) and 8 month(s) and 10 day(s)

1.2-1.6 m²

1.3-2.5 m²

overcrowding, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of potable water, no or restricted access to potable water, mouldy or dirty cell, inadequate temperature, lack of toiletries, no or restricted access to warm water, lack of or inadequate hygienic facilities, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of windows

overcrowding (save for the period between 30/04/2014 - 07/04/2015), infestation of cell with insects/rodents, mouldy or dirty cell, lack or inadequate furniture, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air

3,000

78465/14

15/12/2014

Maria Domnu

12/10/1960

Craiova Penitentiary

28/05/2014

pending

More than 3 year(s) and 6 month(s) and 23 day(s)

0.8-2.7 m²

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

3,000

512/15

29/01/2015

Raj Pantelimon

28/11/1967

Focșani Penitentiary, Galați Penitentiary

20/12/2012

pending

More than 5 year(s) and 15 day(s)

1.5-2.4 m²

overcrowding (save for the period between 09/03/2013 - 25/04/2013), lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of toiletries, mouldy or dirty cell, no or restricted access to warm water, lack or inadequate furniture, no or restricted access to running water, bunk beds, poor quality of potable water

5,000

6540/15

18/02/2015

Gheorghe Strat

09/08/1973

Iași Penitentiary, Arad Penitentiary, Tulcea Penitentiary and Vaslui Penitentiary

21/12/2004

pending

More than 13 year(s) and 21 day(s)

1.1-2.8 m²

overcrowding (save for the periods between 03/11/2009 - 30/11/2009, 27/09/2012 - 04/10/2012, 25/10/2012 - 01/11/2012 and for Arad Penitentiary), mouldy or dirty cell, infestation of cell with insects/rodents, bunk beds, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of fresh air, lack of or inadequate hygienic facilities, lack or inadequate furniture

5,000

11196/15

17/03/2015

Dănuț -Sergiu Dumitrache

23/08/1988

Iași Penitentiary

31/07/2014 to

19/05/2015

9 month(s) and 20 day(s)

1.2 m²

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

1,000

12376/15

08/04/2015

Marian-Ion Starciuc

05/09/1993

Iași Penitentiary

23/09/2014 to

05/09/2015

11 month(s) and 14 day(s)

1.2 m²

overcrowding, bunk beds, lack of or insufficient natural light, lack of fresh air, lack or inadequate furniture, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, no or restricted access to warm water, inadequate temperature

1,000

12677/15

27/04/2015

Marius- Ering Cristea

12/02/1987

Miercurea Ciuc Penitentiary

31/07/2014 to

22/04/2016

1 year(s) and 8 month(s) and 23 day(s)

1.5-2 m²

overcrowding, bunk beds, lack of or insufficient natural light, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to shower, lack of fresh air, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air

3,000

13344/15

04/04/2015

IonuÈ› GrigoraÈ™

10/03/1990

Iași Penitentiary

20/12/2014

pending

More than 3 year(s) and 15 day(s)

1.2-1.9 m²

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

3,000

24689/15

04/06/2015

Gheorghiță Timofte

04/11/1978

Iași Penitentiary

16/09/2014 to

17/03/2015

6 month(s) and 2 day(s)

1.2-1.5 m²

overcrowding, lack of or inadequate hygienic facilities, lack or inadequate furniture

1,000

39475/15

04/09/2015

Stelian -Marius Moraru

15/08/1992

Slobozia Penitentiary

03/04/2015 to

02/06/2015

2 month(s)

2-2.2 m²

overcrowding, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack or inadequate furniture

1,000

40837/15

02/09/2015

Ciprian -Florin Kalo (former Varga )

01/02/1987

Miercurea Ciuc Penitentiary

02/06/2014

pending

More than 3 year(s) and 7 month(s) and 8 day(s)

1.4-1.8 m²

overcrowding, lack of or insufficient natural light, lack of fresh air, poor quality of food, no or restricted access to warm water, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, lack of tap water and toilet in the courtyard

3,000

40860/15

01/09/2015

Jozsef -Gheorghe Mezei

19/03/1986

MaramureÈ™ County Police Inspectorate

23/03/2013 to

18/04/2013

27 day(s)

Gherla Penitentiary

18/04/2013 to

17/09/2013

5 month(s)

Bistrița Penitentiary

17/09/2013 to

24/09/2013

8 day(s)

Baia Mare Penitentiary

24/09/2013 to

08/11/2013

1 month(s) and 16 day(s)

Satu Mare Penitentiary

08/11/2013

pending

More than 4 year(s) and 1 month(s) and 7 day(s)

1.6-2.9 m²

1.2-1.4 m²

1.2 m²

1.3-1.8 m²

lack of or insufficient natural light, 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, mouldy or dirty cell

overcrowding (save the period between 02/08/2013 - 17/09/2013), poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of toiletries, lack of fresh air, lack of or insufficient natural light, bunk beds, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air

overcrowding, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of toiletries, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient natural light, bunk beds, no or restricted access to warm water

overcrowding, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of toiletries, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, bunk beds, lack or inadequate furniture, lack of privacy for toilet

overcrowding, poor quality of food, lack of privacy for toilet, lack of toiletries, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, bunk beds, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air

3,000

42432/15

22/09/2015

Maricel Hasan

02/10/1961

Rahova Penitentiary

24/05/2014 to

27/06/2014

1 month(s) and 4 day(s)

Iași Penitentiary

27/06/2014 to

17/02/2015

7 month(s) and 22 day(s)

Vaslui Penitentiary

17/02/2015

pending

More than 2 year(s) and 10 month(s) and 2 day(s)

1.9-2 m²

1.2-2.1 m²

1.9-2.3 m²

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

overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, lack or inadequate furniture

overcrowding, lack of fresh air, lack of toilets in the courtyards

3,000

48110/15

22/09/2015

Florin Cergan

23/01/1979

Mărgineni Penitentiary

23/04/2015

pending

More than 2 year(s) and 7 month(s) and 26 day(s)

1.3-1.4 m²

overcrowding (for the period between 23/04/2015 - 29/12/2015), infestation of cell with insects/rodents, lack of fresh air, lack of privacy for toilet

3,000

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

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CASE OF CHIRIAC AND OTHERS v. ROMANIA

CASE OF CHIRIAC AND OTHERS v. ROMANIA

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