Lexploria

FOURTH SECTION

CASE OF BÄ‚LÄ‚ÅžESCU AND OTHERS v. ROMANIA

( Application no. 694/14 and 16 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 Bălăşescu 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 a nd disclose a breach of Article 3 of the Convention.

III. REMAINING COMPLAINTS

11. The applicants in applications nos. 54933/14, 57680/14, 77203/14, 56479/16 also raised other complaints under Articles 3, 8 and 14 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. 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.

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. 54933/14, 57680/14, 77203/14, 56479/16 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.

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]

694/14

14/12/2013

Maximilian-Ion Bălăşescu

14/08/1972

Bucharest Police Arrest Centre no. 1

01/02/2012 to

17/07/2012

5 month(s) and 17 day(s)

Rahova Penitentiary

17/07/2012 to

26/07/2013

1 year(s) and 10 day(s)

Jilava Penitentiary

26/07/2013 to

16/03/2015

1 year(s) and 7 month(s) and 19 day(s)

1.76 m²

2.7 m²

overcrowding, lack of privacy for toilet, infestation of cell with insects/rodents

overcrowding, no or restricted access to shower, no or restricted access to warm water

no or restricted access to shower

3,000

54933/14

11/03/2015

George- Constantin Păun

14/07/1973

Jilava and Giurgiu Penitentiaries

12/10/2006 to

13/09/2016

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

1.1-2.7 m²

overcrowding, lack of or inadequate hygienic facilities, no or restricted access to potable water, infestation of cell with insects/rodents, lack or inadequate furniture, poor quality of food, lack of privacy for toilet

5,000

55038/14

30/09/2014

Doru Anghel

22/07/1977

Arad Penitentiary

22/12/2010 to

07/02/2014

3 year(s) and 1 month(s) and 17 day(s)

Timișoara Penitentiary

07/02/2014 to

04/02/2015

11 month(s) and 29 day(s)

3,4 m²

1,8 - 2,6 m²

poor quality of food, lack of or inadequate hygienic facilities

overcrowding, shoe crafting and storing in the cell (increased overcrowding), constant noise from the hydraulic press beneath the cell, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents

3,000

57680/14

05/08/2014

Rudel Obreja

06/08/1965

Onuța Igor

București

Bucharest XV Police Section

04/02/2014 to

05/03/2014

1 month(s) and 2 day(s)

Bucharest Police Arrest Centre no. 1

05/02/2015 to

18/02/2015

14 day(s)

Bucharest Police Arrest Centre no. 7 (Police Precinct no. 12)

18/02/2015 to

28/04/2015

2 month(s) and 11 day(s)

4 m²

2.45 m²

2.75 m²

overcrowding, poor quality of food, lack of privacy for toilet, mouldy or dirty cell, inadequate temperature, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of fresh air, bunk beds, lack of hygienic conditions for storage of personal items

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

overcrowding, poor quality of food, lack of or insufficient natural light, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents

1,000

58314/15

06/11/2015

61238/14

24/09/2014

Daniel- Cătălin Oancea

24/01/1971

Colibași Penitentiary

08/12/2014 to

09/11/2016

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

1.7-2.9 m²

Overcrowding (save for the period of 05/11/2015 – 08/02/2016), poor quality of food, lack or inadequate furniture, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air

3,000

69606/14

21/11/2014

Petre Gabriel Liutic

31/05/1973

Constanța Police Inspectorate

31/03/2011 to

14/06/2011

2 month(s) and 15 day(s)

Poarta-Albă , Rahova and Slobozia Penitentiaries

14/06/2011 to

12/01/2016

4 year(s) and 6 month(s) and 30 day(s)

1.6-2.4 m²

poor hygienic conditions

Overcrowding (save for the period of 14/06/2011 - 31/07/2012, 17/12/2012 and 12/06/2013 - 12/01/2016), lack of or inadequate hygienic facilities, no or restricted access to running water, inadequate temperature, lack of or insufficient natural light, constant electric light, poor quality of food, nor or restricted access to potable water, lack of or insufficient physical exercise in fresh air, infestation of cells with insects/rodents

3,000

77203/14

14/01/2015

Constantin CodruÈ› Groza

19/02/1977

Sălaj Police Inspectorate, Satu-Mare, Gherla , Aiud , Jilava and Oradea Penitentiaries

03/03/2006 – 14/11/2017

11 year(s) and 8 month(s) and 12 day(s)

1.3 - 2.8 m²

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

5,000

28494/15

04/09/2015

Vasile Andrei

10/12/1972

Ioniță Natașa

București

Jilava Penitentiary

03/02/2014 to

30/12/2016

2 year(s) and 10 month(s) and 28 day(s)

1.1-2.2 m²

overcrowding, poor quality of food, lack of or inadequate hygienic facilities, lack of fresh air, no or restricted access to potable water, infestation of cell with insects/rodents

3,000

39336/15

25/08/2015

Costică Avram

12/09/1966

Arad Police Inspectorate, Arad and Satu-Mare Penitentiaries

19/06/2014 – 07/11/2017

3 year(s) and 4 month(s) and 20 day(s)

1.3-1.9 m²

Overcrowding (save for the period of 19/06/2014 – 30/07/2015), lack of sanitary facilities in the cell, insects, poor quality of food, lack of fresh air and natural light, insufficient out-of-cell time

3,000

40849/15

24/09/2015

Andrei- Costel Milea

23/11/1989

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

25/02/2013

pending

More than 4 year(s) and 9 month(s) and 4 day(s)

1.2 - 2.7 m²

overcrowding, insufficient number of sleeping places, lack of privacy for toilet, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, lack of or inadequate furniture, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise, no or restricted access to running water during summer

3,000

41425/15

01/10/2015

Ovidiu Mazureac

02/01/1990

Timișoara Penitentiary

26/05/2015 to

07/11/2016

1 year(s) and 5 month(s) and 13 day(s)

2.2 - 2.5 m²

overcrowding, infestation of cell with insects/rodents, lack of fresh air, lack or inadequate furniture, small courtyard

3,000

44934/15

27/10/2015

Cristian-Dragoș Roșu

26/05/1976

BalteÈ™ Beatrice-Irina

București

Bucharest Police Section no 4, Rahova , Giurgiu and Jilava Penitentiaries

06/03/2011

pending

More than 6 year(s) and 7 month(s) and 26 day(s)

1.5-2.3 m²

Overcrowding (all but Giurgiu Penitentiary) (save for the period of 06/11/2015 – 05/01/2017), insufficient number of sleeping places, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to running water during summer, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air

5,000

54444/16

08/12/2016

Dumitru -Jan Dicu

20/09/1980

Râmnicu-Vâlcea Police Inspectorate, Târgu-Jiu , Colibași Penitentiaries

03/12/2013 to

24/11/2016

2 year(s) and 11 month(s) and 22 day(s)

1.2 - 2.9 m²

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

3,000

56479/16

12/12/2016

Cristian Èšandea

05/05/1984

Mitreanu Alexandru

Cluj-Napoca

Gherla , Baia-Mare Penitentiaries

22/09/2015 to

05/07/2016

9 month(s) and 14 day(s)

1.5 - 2.3 m²

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

1,000

79671/16

15/12/2016

Mohmad Ammar Alshek Ali

02/05/1982

Mărgărit Ionela

București

Bucharest Police Central Department, Rahova , Giurgiu, Jilava Penitentiaries

14/05/2014 to

11/10/2016

2 year(s) and 4 month(s) and 28 day(s)

1.6 - 2.7 m²

Overcrowding (save for the periods of 14/10/2014 - 06/02/2015, 10/04 - 04/08/2015, 09/09/2015 - 04/03/2016), lack of privacy for toilet, no or restricted access to warm water, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, mouldy or dirty cell, lack or inadequate furniture, poor quality of food, lack of or insufficient natural light, unpleasant smell in the cell due to the manufacturing of shoes

3,000

79675/16

15/12/2016

Hassan Haidar

18/08/1982

Mărgărit Ionela

București

Bucharest Police Central Department, Rahova , Giurgiu, Jilava Penitentiaries

14/05/2014 to

15/06/2016

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

1.6 - 2.7 m²

Overcrowding (save for the period of 14/10/2014 - 06/02/2015), lack of privacy for toilet, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to warm water, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture

3,000

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

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CASE OF BĂLĂŞESCU AND OTHERS v. ROMANIA

CASE OF BĂLĂŞESCU AND OTHERS v. ROMANIA

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