Lexploria

FOURTH SECTION

CASE OF RACOLTEA AND OTHERS v. ROMANIA

( Application no. 70116/13 and 17 others -

see appended list )

JUDGMENT

STRASBOURG

8 February 2018

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

In the case of Racoltea 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 18 January 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 . Some applicants also raised other complaints under the provisions of the Convention.

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 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.”

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 case.

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 case the applicants ’ conditions of detention were inadequate.

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

III. REMAINING COMPLAINTS

11. The applicants in applications nos. 78594/14, 49885/15, 52028/15, 52162/15, 52225/15, 52388/15, 56194/15, 4225/16, 4416/16, 5599/16, 6769/16 also raised other complaints under Article 3 of the Convention.

12. 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 reje cted in accordance with Article 35 § 4 of the Convention.

IV . APPLICATION OF ARTICLE 41 OF THE CONVENTION

13. 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.”

14. In application no. 70116/13 the applicant claimed 20 , 000 EUR for non-pecuniary damage. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, RezmiveÈ™ and Others, cited above), the Court considers it reasonable to award the sums indicated in the appended table and to dismiss the remainder of the applicant ’ s claim for just satisfaction in application no. 70116/13.

15. 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. 78594/14, 49885/15, 52028/15, 52162/15, 52225/15, 52388/15, 56194/15, 4225/16, 4416/16, 5599/16, 6769/16 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.

5. Dismisses the remainder of the applicant ’ s claim for just satisfaction in application no. 70116/13.

Done in English, and notified in writing on 8 February 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

Representative name and location

Facility

Start and end date

Duration

Sq. m. per inmate

Specific grievances

Amount awarded for non-pecuniary damage per applicant

(in euros) [1]

70116/13

09/10/2013

Mannix -Mihai Racoltea

30/09/1972

Codlea Penitentiary

16/08/2012 to

02/08/2013

11 month(s) and 18 day(s)

Rahova Penitentiary

02/08/2013 to

02/10/2013

2 month(s) and 1 day(s)

Codlea Penitentiary

02/10/2013 to

11/10/2013

10 day(s)

Rahova Penitentiary

11/10/2013 to

20/01/2014

3 month(s) and 10 day(s)

Miercurea Ciuc Penitentiary

20/01/2014 to

14/12/2015

1 year(s) and 10 month(s) and 25 day(s)

Codlea Penitentiary

14/12/2015

pending

More than 1 year(s) and 10 month(s) and 17 day(s)

1.7 m²

2 m²

1.7 m²

2 m²

1.4-6 m²

overcrowding, lack of a proper place for serving food - there was a table for 4 people, not enough space for all 15

overcrowding, lack of a proper place for serving food, lack of ventilation

overcrowding, lack of a proper place for serving food - there was a table for 4 people, not enough space for all 15

overcrowding, lack of a proper place for serving food, lack of ventilation

overcrowding, insufficient places to serve meals, insufficient sanitary facilities, lack of privacy for toilet, no or restricted access to warm water, no or restricted access to shower, lack of an adequate place to store goods

insufficient places to serve meals, lack of an adequate place to store goods, no or restricted access to toilet, no or restricted access to warm water, lack of or insufficient natural light

5,000

77833/14

20/03/2015

78594/14

16/02/2015

Costel -Lucian Stoica

17/06/1979

Rahova Penitentiary

21/05/2004 to

21/01/2009

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

Giurgiu Penitentiary

21/01/2009 to

01/09/2014

5 year(s) and 7 month(s) and 12 day(s)

1.9 - 2.4 m²

2.6 m²

overcrowding

Overcrowding (save for the period 20/06/2012 - 01/09/2014), infestation of cell with insects/rodents, poor quality of food, lack of or inadequate hygienic facilities

5,000

41101/15

28/10/2015

Bogdan-Eugen Nițoi

16/05/1978

Mărgineni , Rahova , Jilava , Ploiești , Găești Penitentiaries

09/08/2010

pending

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

1.1 - 2.7 m²

overcrowding, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to shower, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to warm water, lack of fresh air, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of an adequate isolation of the cell (infiltration of rain in the cell)

5,000

49885/15

28/09/2015

Marian Lupașcu

26/05/1985

Iași , Miercurea Ciuc , Vaslui Penitentiaries

01/10/2013

pending

More than 4 year(s) and 1 month(s) and 16 day(s)

1,2 - 2,4 m²

overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, lack of or restricted access to leisure or educational activities

3,000

52028/15

28/12/2015

Gheorghe Prusel

04/11/1977

Peter Irina Maria

Bucharest

Bucharest Central Police Arrest, Mărgineni , Rahova , Giurgiu, Aiud , Gherla, Jilava Penitentiaries

08/06/2004

pending

More than 13 year(s) and 5 month(s) and 10 day(s)

1,3 - 2,6 m²

Overcrowding (save for the period of 07/02/2013 - 06/03/2014), insufficient number of sleeping places, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of or insufficient natural light, inadequate temperature, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food

5,000

52162/15

30/11/2015

Mihai-Marin Apreotesei

19/09/1969

Bacău Police Inspectorate, Bacău , Iași , Rahova , Focșani , Vaslui Penitentiaries

12/10/2011

pending

More than 6 year(s) and 1 month(s) and 5 day(s)

1,2 - 2,4 m²

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

5,000

52225/15

24/11/2015

Homer-Cornel Dumitru

27/09/1982

Mărgineni , Ploiești Penitentiaries

14/07/2010

pending

More than 7 year(s) and 4 month(s) and 3 day(s)

1,4 - 2,6 m²

Overcrowding (save for the period of 30/11/2011 – 20/04/2015), insufficient number of sleeping places, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, mouldy or dirty cell

5,000

52388/15

09/11/2015

Vasile Neagu

03/01/1981

Miercurea-Ciuc Penitentiary

21/09/2015

pending

More than 2 year(s) and 1 month(s) and 21 day(s)

1.5 - 2.7 m²

overcrowding, lack of or insufficient natural light, lack of fresh air, lack of or inadequate hygienic facilities, lack or inadequate furniture

3,000

56194/15

27/11/2015

Ion Iordache

20/07/1950

Craiova Penitentiary

24/03/2014 to

16/08/2016

2 year(s) and 4 month(s) and 24 day(s)

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

3,000

59433/15

19/11/2015

Gabriel- Darie Aculov

29/06/1973

Codlea , Mărgineni , Miercurea-Ciuc Penitentiaries

27/05/2013

pending

More than 4 year(s) and 5 month(s) and 22 day(s)

1.6 - 1.9 m²

overcrowding, lack of fresh air, inadequate temperature, poor quality of food, infestation of cell with insects/rodents

3,000

1281/16

26/02/2016

Cristinel NergeÈ™

08/06/1972

Bistrița- Năsăud , Gherla, Miercurea-Ciuc Penitentiaries

04/05/2006

pending

More than 11 year(s) and 6 month(s) and 17 day(s)

1,2 - 2,5 m²

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

5,000

1742/16

24/02/2016

Costel Dinescu

21/07/1976

Craiova Penitentiary

06/02/2014 to

28/04/2016

2 year(s) and 2 month(s) and 23 day(s)

1.2 m²

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

3,000

4225/16

25/02/2016

Inspector Cîrpaci

02/07/1971

Dolj Police Inspectorate , Craiova, Pelendava Penitentiaries

28/03/2014 to

24/10/2017

3 year(s) and 6 month(s) and 27 day(s)

1.1 - 2.9 m²

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

3,000

4416/16

29/02/2016

Gabriel Zaharia

26/10/1978

Peter Irina Maria

Bucharest

Bucharest Central Police Arrest, Rahova , Giurgiu, Jilava Penitentiaries, Jilava Penitentiary Hospital

14/05/2009 – 31/10/2017

8 year(s) and 5 month(s) and 18 day(s)

1.7 - 2.8 m²

Overcrowding (save for the periods of 20/04/2012 - 27/02/2014, 06/03/2014 - 10/07/2015), lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, poor quality of food, infestation of cell with insects/rodents

5,000

5599/16

29/02/2016

Silviu- Mugurel Dicea

27/10/1989

Peter Irina Maria

Bucharest

Rahova , Giurgiu, Jilava , Tulcea Penitentiaries

24/11/2009

pending

More than 7 year(s) and 11 month(s) and 25 day(s)

1.4 - 2.9 m²

Overcrowding (save for the period of 19/02/2012 – 16/02/2015), poor quality of food, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of fresh air, inadequate temperature, mouldy or dirty cell

5,000

6674/16

29/02/2016

George Dima

04/01/1980

Peter Irina Maria

Bucharest

Bucharest Central Police Arrest, Bucharest 9th Police Section, Rahova , Jilava Penitentiaries

19/02/2015 to

07/06/2016

1 year(s) and 3 month(s) and 20 day(s)

1.8 - 2.7 m²

overcrowding, poor quality of food, insufficient number of sleeping places, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of fresh air, inadequate temperature, mouldy or dirty cell

3,000

6769/16

26/02/2016

Bogdan Gheorghe Șalapa

24/01/1988

Gorj Police Inspectorate, Craiova Penitentiary

01/09/2015 to

14/10/2016

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

1.2 - 1.9 m²

Overcrowding (save for Gorj Police Inspectorate), lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack or inadequate furniture

3,000

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

Menu

CASE OF RACOLTEA AND OTHERS v. ROMANIA

CASE OF RACOLTEA AND OTHERS v. ROMANIA

LEXI