Lexploria

FOURTH SECTION

CASE OF POCA AND OTHERS v. ROMANIA

( Application no. 71601/14 and 17 other applications )

JUDGMENT

STRASBOURG

14 December 2017

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

In the case of Poca 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 23 November 2017 ,

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. 77502/14, 3558/15, 8679/15, 10385/15, 13766/15, 18400/15, 20858/15, 28884/15, 32603/15, 32777/15, 33403/15, 34184/15 and 36047/15, 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 rejected 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 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.

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. 77502/14, 3558/15, 8679/15, 10385/15, 13766/15, 18400/15, 20858/15, 28884/15, 32603/15, 32777/15, 33403/15, 34184/15 and 36047/15, 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 14 December 2017 , 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/Date of registration

Representative name and location

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]

71601/14

02/07/2015

Emil Poca

18/02/1958

Gherla Penitentiary

01/01/2009 to

29/08/2014

5 year(s) and 7 month(s) and 29 day(s)

Bistrița Penitentiary

29/08/2014 to

20/12/2016

2 year(s) and 3 month(s) and 22 day(s)

1.6-2.7 m²

1.3-2.03 m²

Overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air.

5,000

77502/14

02/06/2015

Victor- Nicolae Luca

07/05/1975

Fuiorea-Drăgan Constantin

Târgu -Jiu

Târgu -Jiu Penitentiary

17/06/2013 to

28/06/2016

3 year(s) and 12 day(s)

1.1-2.6 m²

Overcrowding, lack of fresh air, lack of or insufficient natural light, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, cell used as shoe repair workshop, lack of or inadequate hygienic facilities.

3,000

78443/14

18/01/2015

Iulian- Costel Bardașu

02/08/1978

Grozavu Mirela

Bacău

Iași Penitentiary

09/09/2014 to

17/02/2015

5 month(s) and 9 day(s)

1.2-1.9 m²

Overcrowding, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of toiletries.

1,000

3558/15

12/02/2015

Dumitru Sfetcu

29/09/1980

Penitentiaries of Rahova , Giurgiu, Gherla, Aiud and Arad 10/11/2009 to

24/08/2016

6 year(s) and 9 month(s) and 15 day(s)

1.9-2.4 m²

Rahova Penitentiary: overcrowding, poor quality of food, lack of or poor quality of bedding and bed linen;

Giurgiu Penitentiary: lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to shower, poor quality of food;

Gherla Penitentiary: overcrowding, mouldy or dirty cell, no or restricted access to shower, poor quality of food, lack of or poor quality of bedding and bed linen;

Aiud Penitentiary: mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food;

Arad Penitentiary: poor quality of food, infestation of cell with insects/rodents, poor quality of potable water, lack of or restricted access to leisure or educational activities, no or restricted access to shower.

5,000

8679/15

04/05/2015

Ionel Zamfirache

12/02/1973

Galați Penitentiary

01/04/2014 to

02/02/2016

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

2.4-2.6 m²

O vercrowding, bunk beds, lack of or inadequate furniture and storage space, poor quality of food, lack of fresh air, poor quality of potable water, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, mouldy or dirty cell .

3,000

10385/15

30/03/2015

Cosmin- Isidor Nagy

28/10/1973

Baia Mare Penitentiary

30/10/2013

pending

More than 3 year(s) and 10 month(s) and 24 day(s)

1.7-2.1 m²

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

3,000

13766/15

07/05/2015

Adrian Florian CicortaÈ™

07/02/1973

Cândea Claudia Nadina Daciana

Timișoara

Penitentiaries of Arad Vechi , Timișoara , Jilava , Gherla and Arad Nou

21/09/1999

pending

More than 18 year(s) and 26 day(s)

1-2.3 m²

Arad Vechi Penitentiary: overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, inadequate temperature, mouldy or dirty cell, no or restricted access to shower, lack of or inadequate furniture and storage space, poor quality of food, lack of toiletries, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air;

Timișoara Penitentiary: overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, lack of toiletries, lack of or inadequate furniture and storage space, poor quality of food, infestation of cell insects/rodents, lack of or insufficient physical exercise in fresh air;

Jilava Penitentiary: overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, inadequate temperature, lack of or inadequate hygienic facilities, lack of or inadequate furniture and storage space, poor quality of food, poor quality of potable water, infestation of cell with insects/rodents, lack of toiletries;

Gherla Penitentiary: overcrowding, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, inadequate temperature, mouldy or dirty cell, no or restricted access to shower, poor quality of food, lack of or inadequate furniture and storage space, lack of toiletries, lack of or insufficient physical exercise in fresh air;

Arad Nou Penitentiary: mouldy or dirty cell, proximity to dump site, poor quality of food, lack of or poor quality of bedding and bed linen, lack of toiletries, infestation of cell with insects/rodents.

5,000

14100/15

24/07/2015

Victor- Ionuţ Brumar

03/05/1986

Miercurea Ciuc Penitentiary

02/09/2013 to

30/10/2015

2 year(s) and 1 month(s) and 29 day(s)

1.2-2.6 m²

O vercrowding, poor quality of food, lack of or inadequate furniture and storage space, no or restricted access to warm water, bunk beds, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air .

3,000

18400/15

29/06/2015

Ovidiu Alexandru Petconi

02/12/1981

TimiÈ™ Police Inspectorate

06/03/2015 to

10/03/2015

5 day(s)

Timișoara Penitentiary

10/03/2015 to

19/04/2017

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

2.6 m²

M ouldy or dirty cell, lack of or insufficient natural light, infestation of cell with insects/rodents, no or restricted access to warm water, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air .

O vercrowding, lack of or inadequate furniture and storage space, lack of or insufficient natural light, lack of fresh air, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents .

3,000

20858/15

14/05/2015

Florin Constantin

12/10/1983

Constantin Cristina

Bucharest

Rahova Penitentiary

03/12/2013

pending

More than 3 year(s) and 10 month(s) and 14 day(s)

1.6-2.4 m²

O vercrowding, lack of fresh air, lack of or insufficient natural light, lack of or inadequate furniture and storage space, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities .

3,000

21477/15

02/06/2015

Marius Teban

20/08/1974

Aiud Penitentiary

12/11/2014 to

24/04/2015

5 month(s) and 13 day(s)

1.9-2.6 m²

O vercrowding, lack of sanitary facilities in the courtyard, lack or inadequate furniture, inadequate temperature, mouldy or dirty cell, poor quality of food .

1,000

28884/15

03/07/2015

Anton Hamza

21/03/1985

Satu Mare Penitentiary

21/07/2005 to

12/09/2006

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

Oradea Penitentiary

12/09/2006 to

16/06/2014

7 year(s) and 9 month(s) and 5 day(s)

Timișoara Penitentiary

19/06/2014 to

05/04/2017

2 year(s) and 9 month(s) and 18 day(s)

1.3-1.8 m²

1.6-2.8 m²

2.5-2.6 m²

O vercrowding

O vercrowding, lack of or inadequate furniture and storage space, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen .

5,000

32603/15

15/07/2015

Edmond-George Ghiulbenghian

12/02/1982

Peter Irina Maria

Bucharest

Rahova Penitentiary

23/10/2014

pending

More than 2 year(s) and 11 month(s) and 24 day(s)

1.9-2.4 m²

O vercrowding (save for the period of 01/04/2015 – 02/10/2015 and 27/10/2015 – 12/02/2016), lack of adequate space to serve meals, poor quality of food, infestation of cell with insects/rodents, 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, no or restricted access to warm water .

3,000

32777/15

27/07/2015

Constantin- Vasile Ivan

13/09/1978

Peter Irina Maria

Bucharest

Giurgiu Police Inspectorate

06/03/2006 to

23/03/2006

18 day(s)

Jilava Penitentiary Hospital and Giurgiu Police Inspectorate

23/03/2006 to

28/06/2006

3 month(s) and 6 day(s)

Penitentiaries of Giurgiu and Jilava 28/06/2006 to

06/01/2007

6 month(s) and 10 day(s)

Penitentiaries of Giurgiu and Craiova and Jilava Penitentiary Hospital 06/01/2007 to

25/07/2012

5 year(s) and 6 month(s) and 20 day(s)

Jilava Penitentiary

25/07/2012

pending

More than 5 year(s) and 2 month(s) and 11 day(s)

1.2-2.8 m²

( Jilava Penitentiary)

2.06 m² (Craiova Penitentiary)

1.2-2.8 m²

I nfestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet .

M ouldy or dirty cell, infestation of cell with insects/rodents .

O vercrowding ( Jilava Penitentiary) , infestation of cell with insects/rodents, mouldy or dirty cell .

Giurgiu Penitentiary: lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen ;

Craiova Penitentiary: overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents ;

Jilava Penitentiary Hospital: mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of potable water.

O vercrowding, bunk beds, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food and running water, no or restricted access to shower, lack of adequate space for serving meals, no or restricted access to toilet, lack of fresh air, lack of or insufficient natural light, mouldy or dirty cell, inadequate temperature .

5,000

33403/15

23/07/2015

Nicolae Lemnaru

14/08/1983

Peter Irina Maria

Bucharest

Prahova Police Inspectorate

09/07/2012 to

08/08/2012

1 month(s)

Mărgineni Penitentiary

08/08/2012 to

20/02/2013

6 month(s) and 13 day(s)

P loiești Penitentiary

20/02/2013 to

27/06/2013

4 month(s) and 8 day(s)

and

12/11/2015

pending

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

Găești Penitentiary

27/06/2013 to

12/11/2015

2 year(s) and 4 month(s) and 17 day(s)

1.7-2.1 m²

1.8-2 m²

1.3-2.1 m²

1.7 m²

O vercrowding, infestation of cell with insects/rodents, lack of adequate space to serve meals, bunk beds, lack of or insufficient natural light, lack of privacy for toilet .

O vercrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of adequate space to serve meals, lack of or inadequate hygienic facilities, bunk beds, no or restricted access to shower, no or restricted access to warm water .

O vercrowding, bunk beds, lack of or inadequate hygienic facilities .

O vercrowding (save for the period of 20/01/2015 – 08/06/2015), lack of or inadequate hygienic facilities, lack of or inadequate furniture and storage space, insalubrious shower room, bunk beds, no or restricted access to shower .

5,000

34069/15

28/07/2015

Victor Sorin Miclea

28/03/1983

Bucharest 12th Police Section

07/03/2013 to

13/03/2013

7 day(s)

Sălaj Police Inspectorate

13/03/2013 to

19/03/2013

7 day(s)

Oradea Penitentiary

19/03/2013 to

22/04/2013

1 month(s) and 4 day(s)

Baia Mare Penitentiary

25/04/2013 to

13/03/2014

10 month(s) and 17 day(s)

Gherla Penitentiary

13/03/2014 to

03/06/2015

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

Satu Mare Penitentiary

03/06/2015 to

21/09/2015

3 month(s) and 19 day(s)

2.7 m²

1.8 m²

2.07-2.1 m²

1.2-1.9 m²

1.7-2.4 m²

1.3-1.4 m²

Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, poor quality of food, lack of or inadequate hygienic facilities, cell situated at the basement.

Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, cell situated at the basement.

Overcrowding, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of toiletries, poor quality of food, lack of or insufficient physical exercise in fresh air.

Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of toiletries, poor quality of food, lack of adequate place for serving meal, lack of or inadequate hygienic facilities.

Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of privacy for toilet, lack of toiletries, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities.

Overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air.

3,000

34184/15

28/07/2015

Adrian- Mircea Lăpădat

15/01/1977

Miercurea Ciuc Penitentiary

17/07/2014 to

14/01/2016

1 year(s) and 5 month(s) and 29 day(s)

1.6-2.7 m²

O vercrowding, lack of or inadequate furniture and storage space, insufficient and poor quality of food, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, bunk beds, lack of or insufficient physical exercise in fresh air .

3,000

36047/15

15/07/2015

Ion Picicurov

19/11/1978

Gîrjev Daniela

Chișinău

Vaslui Penitentiary

11/02/2014 to

17/02/2015

1 year(s) and 7 day(s)

and

16/06/2015

pending

More than 2 year(s) and 4 month(s) and 1 day(s)

1.9 m²

O vercrowding

3,000

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

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CASE OF POCA AND OTHERS v. ROMANIA

CASE OF POCA AND OTHERS v. ROMANIA

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