Lexploria

FOURTH SECTION

CASE OF ILIAȘ AND OTHERS v. ROMANIA

(Application no. 7219/14 and 26 other applications )

JUDGMENT

This judgment was revised in accordance with Rule 80 of the Rules of Court in a judgment of 7 March 2019.

STRASBOURG

8 March 2018

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

In the case of IliaÈ™ 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”).

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.”

7 . 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).

8 . 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 cases.

9 . 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 cases the applicants ’ conditions of detention were inadequate.

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

IV . APPLICATION OF ARTICLE 41 OF THE CONVENTION

11 . 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.”

12 . 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, §§ 78-79), the Court considers it reasonable to award the sums indicated in the appended table.

13 . 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 they disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention ;

5. 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 Deputy 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]

7219/14

14/07/2014

Ioan IliaÈ™

24/06/1970

Mărgineni Penitentiary

20/02/2012 to

09/12/2014

2 years and 9 months and 19 days

1.8 - 2.3 m²

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

3,000

17121/14

25/03/2014

Ioan Mich

01/03/1963

MaramureÈ™ Police Inspectorate, Gherla, Rahova and Baia Mare Penitentiaries

08/10/2012 to

13/09/2016

3 years and 11 months and 6 days

1.3 - 2.7 m²

overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of fresh air, lack or inadequate furniture, no or restricted access to shower, 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 insufficient quantity of food, poor quality of food, two concrete beds, lack of or insufficient natural light, inadequate transport conditions

3,000

32843/14

22/07/2014

Cătălin-Vasile Brumă

27/09/1977

Cluj Police Inspectorate, Gherla, Bistrița Penitentiaries

19/01/2013 to

30/06/2015

2 years and 5 months and 10 days

1.2 - 2.1 m²

overcrowding (save for the period of 08/10/2014 – 11/02/2015), lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of toilet in the courtyard, poor quality of food

3,000

48916/14

31/07/2014

Romeo Gavril RostaÈ™

17/12/1979

Gherla Penitentiary

20/07/2012

pending

More than 5 years and 4 months and 17 days

2,2 m²

overcrowding, poor quality of food, lack of or inadequate hygienic facilities, lack of fresh

air

5,000

54119/14

29/05/2015

Aldisio Andrea Zappa

06/03/1954

Oradea, Arad and Aiud Penitentiaries

26/04/2012

pending

More than 5 years and 7 months and 9 days

2 - 2.9 m²

overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, inadequate transport conditions, infestation of cell with insects/rodents, inadequate temperature, lack of fresh air, mouldy or dirty cell, lack or inadequate furniture

5,000

60427/14

06/10/2014

Bogdănel Ion Drăgan

10/11/1977

Aiud , Arad Penitentiaries Rahova Hospital Penitentiary

14/10/2013

P ending

More than 4 years and 1 month and 23 days

1.5 m²

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

3,000

71181/14

26/12/2014

Ștefan -Marian Machedon

03/08/1974

Miercurea Ciuc Penitentiary

17/12/2015

pending

More than 1 year and 11 months and 25 days

1.5 - 1.7 m²

overcrowding, lack of or inadequate furniture, lack of or inadequate hygienic facilities, mouldy or dirty cell

3,000

78237/14

13/01/2015

Măzărel Bălan

27/06/1961

Iași Penitentiary

07/08/2014

pending

More than 3 years and 4 months

1.2 - 2.4 m²

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

3,000

11696/15

03/03/2015

Niculai Tînjelaru

16/01/1968

Bucharest Central Arrest, Rahova , Colibași , Jilava Penitentiaries

03/10/2010

pending

More than 7 years and 2 month s and 2 days

1 - 2.9 m²

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

5,000

17945/16

21/04/2016

15551/15

27/04/2015

Costin-Ioan Bucur

11/05/1979

Miercurea Ciuc Penitentiary

20/02/2015 to

12/06/2015

3 months and 24 days

1.3 - 2 m²

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

1,000

19789/15

18/06/2015

Ionel Rizan

08/07/1978

Slobozia Penitentiary

14/10/2014 to

13/07/2015

9 months

1.6 - 2.2 m²

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

1,000

25003/15

30/12/2015

Octavian- Alexandru Vrapciu

08/06/1974

Represented by Biz ă u Victori ţ a ,

Schwanstetten

Buzău Police Inspectorate, Penitentiaries of Mândrești ( Focșani ) and Mărgineni

23/08/2014

pending

More than 3 years and 3 months and 12 days

1.3 - 2 m²

overcrowding, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or inadequate furniture, lack of privacy for toilet, lack of fresh air, poor quality of food

3,000

30271/15

10/02/2016

Robert-Marian Predoi

11/06/1986

Rahova , Aiud Penitentiaries

20/11/2014 to

27/06/2016

1 year and 7 months and 8 days

1.9 - 2.6 m²

overcrowding (save for the period of 12/11/2015 – 27/06/2016), lack of furniture, poor quality of food, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, inadequate temperature, lack of or inadequate furniture

3,000

39844/15

23/09/2015

Eduard Gabriel Mihai

21/08/1991

Penitentiaries of Mărgineni , Tichilești , Ploiești and Găești

22/02/2012 to

01/11/2016

4 years and 8 months and 11 days

1.4 - 2.7 m²

overcrowding, lack of or insufficient natural light, inadequate temperature, lack of or inadequate hygienic facilities, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, no or restricted access to toilet

3,000

43775/15

22/09/2015

Vasile -Adrian OachiÈ™

13/08/1971

Represented by Ilie Gina- Nicoleta

Buc harest

Gherla Penitentiary

22/05/2014 to

22/06/2016

2 years and 1 month and 2 days

1.8 - 2.9 m²

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

3,000

48443/15

26/11/2015

Gigi- Costel Teodorov

26/12/1977

Tulcea Penitentiary

23/10/2014

pending

More than 3 years and 1 month and 19 days

1.7 - 1.8 m²

overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of privacy for toilet, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, inadequate temperature, poor quality of food, lack of or inadequate furniture

3,000

49062/15

13/10/2015

Claudiu-Costel Corduneanu

20/05/1985

Bacău , Iași , Vaslui Penitentiaries

23/10/2014

pending

More than 3 years and 1 month and 12 days

1.2 -2.1 m²

overcrowding, insufficient number of sleeping places, infestation of cell with insects/rodents, poor quality of food, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, lack of fresh air, no or restricted access to running water, lack of or inadequate furniture

3,000

52291/15

26/11/2015

Alin-Corneliu Albert

23/07/1991

Miercurea Ciuc Penitentiary

30/09/2013

pending

More than 4 years and 2 months and 12 days

1.5 - 1.7 m²

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

3,000

52882/15

07/03/2016

Victor-Bogdan Duduman

22/06/1983

Represented by Peter Irina Maria

Bucharest

Bucharest Central Police Arrest and Penitentiaries of Rahova , Giurgiu and Jilava

07/09/2012

pending

More than 5 years and 3 months and 5 days

1.4 -2.1 m²

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

5,000

53007/15

20/11/2015

Daniel Varga

17/11/1984

Gherla Penitentiary

04/03/2009

pending

More than 8 years and 9 months and 10 days

1.9 - 2.7 m²

overcrowding, no or restricted access to toilet, lack of or inadequate hygienic facilities, lack of or insufficient natural light, mouldy or dirty cell

5,000

55564/15

26/11/2015

Petre-Alin Gabor

31/08/1987

Miercurea Ciuc Penitentiary

14/01/2013 to

05/02/2016

3 years and 23 days

1.5 -1.8 m²

overcrowding, lack of fresh air, poor quality of food, inadequate temperature, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of or inadequate furniture, mouldy or dirty cell

3,000

55581/15

08/12/2015

Daniel- Georginel Ion

28/05/1986

Penitentiaries of Ploiești , Aiud , Codlea , Miercurea Ciuc and Mărgineni

25/06/2010

pending

More than 7 years and 5 months and 18 days

1.45 - 2.1 m²

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

5,000

56698/15

08/03/2016

Gabriel-Lili Gorgos

19/09/1977

Iași , Vaslui Penitentiaries

27/05/2015

pending

More than 2 years and 6 months and 16 days

1.3 - 2.9 m²

overcrowding, poor quality of food, lack of or inadequate furniture, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or restricted access to leisure or educational activities

3,000

59198/15

09/02/2016

Marian-Dan Sălăgean

29/01/1987

Aiud Penitentiary

31/05/2010 to

10/05/2016

5 years and 11 months and 11 days

1.6 - 2.5 m²

overcrowding, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, mouldy or dirty cell, lack of or insufficient natural light, lack of or inadequate furniture, lack of or inadequate hygienic facilities, lack of privacy for toilet, inadequate temperature

5,000

61143/15

25/02/2016

Mihai Farcașanu

01/04/1957

Neamț Police Inspectorate, Bacău , Vaslui Penitentiaries

07/10/2014

pending

More than 3 years and 2 months and 6 days

2 - 2.9 m²

overcrowding, inadequate and insufficient furniture, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, inadequate temperature, lack of privacy for toilet

3,000

9517/16

07/03/2016

Daniel Enache

26/02/1988

Miercurea Ciuc Penitentiary

25/04/2013

pending

More than 4 years and 7 months and 18 days

1.3 - 1.9 m²

overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or inadequate furniture, lack of or restricted access to leisure or educational activities, lack of or insufficient natural light, poor quality of food

3,000

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

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CASE OF ILIAȘ AND OTHERS v. ROMANIA

CASE OF ILIAȘ AND OTHERS v. ROMANIA

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