Lexploria

FOURTH SECTION

CASE OF VARGA AND OTHERS v. ROMANIA

( Application no. 66094/14 and 15 others –

see appended list )

JUDGMENT

STRASBOURG

14 Dec ember 2017

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

In the case of Varga 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 lodg ed 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. 66094/14, 68929/14, 3519/15, 36755/15, 48681/15, 50525/15, 51777/15, 53903/15, 60373/15, 60991/15, 61978/15 and 1368/16, 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. 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 admissible, and the remainder of the applications nos. 66094/14, 68929/14, 3519/15, 36755/15, 48681/15, 50525/15, 51777/15, 53903/15, 60373/15, 60991/15, 61978/15 and 1368/16 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 p ay 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 Dec ember 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

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]

66094/14

21/11/2014

Mihai- Grațian Varga

04/04/1977

Penitentiaries of Baia Mare and Timișoara

28/11/2013 to 05/10/2015

1 year and 10 months and 8 days

1.4-2.7 m²

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

3,000

68929/14

18/11/2014

Iancu-Ștefan Vasile

19/04/1964

Craiova Penitentiary

23/04/2008 to 18/02/2016

7 years and 9 months and 27 days

1.1-1.9 m²

overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient natural light, inadequate temperature, lack of fresh air, lack of or insufficient physical exercise in fresh air

5,000

69412/14

28/11/2014

Nicolae Dumitru

15/11/1992

Dumitru Fr ă sîna

Valea Mărului

Galați Penitentiary

07/08/2014 to 04/05/2016

1 year and 8 months and 28 days

1.6-2 m²

overcrowding, infestation of cell with insects/rodents, lack of or inadequate furniture, no or restricted access to running water

3,000

3519/15

01/04/2015

Adrian Drăgan

01/06/1956

Giurgiu Penitentiary

12/06/2013 to 06/06/2016

2 years and 11 months and 26 days

poor quality of food, no or restricted access to shower, inadequate temperature, lack of fresh air, no or restricted access to running water

3,000

36755/15

27/08/2015

Constantin Lungu

22/05/1970

Penitentiaries of Codlea , Jilava , Bistrița and Miercurea Ciuc

02/09/2005 – pending

More than 12 years and 1 month and 15 days

0.9-2.2 m²

overcrowding, poor quality of food, poor conditions of hygiene, lack of toiletries, lack of or inadequate furniture and storage space

5,000

48681/15

26/10/2015

Vasile Pentiuc

01/06/1974

Iași Penitentiary

13/11/2014 to 17/09/2015

10 months and 5 days

1.2 m²

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

1,000

50500/15

30/10/2015

Flavius Ovidiu Cojocaru

20/06/1991

Craiova Penitentiary

28/02/2013 – pending

More than 4 years and 7 months and 19 days

1.2-1.5 m²

overcrowding, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air

3,000

50525/15

18/01/2016

Florian Bucilă

17/09/1968

Peter Irina Maria

Bucharest

Penitentiaries of Jilava , Rahova , Craiova, Poarta Albă and Giurgiu

27/08/2003 – pending

More than 14 years and 1 month and 13 days

0.6-2.5 m²

overcrowding (Penitentiaries of Jilava , Craiova and Poarta Albă ), overcrowding ( Rahova Penitentiary from 10/09/2004 to 28/09/2007 and 04/05/2010 to 06/05/2010), poor quality of food, poor quality of potable water ( Jilava Penitentiary), insufficient number of sleeping places ( Jilava Penitentiary between 2003 and 2004), lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents

5,000

51777/15

23/11/2015

Ioan -Virgil Pancu

01/08/1973

Poarta Albă Penitentiary

17/08/2015 – pending

More than 2 years and 2 months

1.4-1.6 m²

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

3,000

53903/15

26/01/2016

Aurel Bădilă

14/12/1960

Peter Irina Maria

Bucharest

Teleorman Police Inspectorate

06/08/2012 to 30/01/2013

5 months and 25 days

and

30/09/2015 to 07/10/2015

8 days

Giurgiu Penitentiary

30/01/2013 to 27/08/2015

2 years and 6 months and 29 days

Jilava Penitentiary

27/08/2015 to 30/09/2015

1 month and 4 days

and

07/10/2015 to 26/08/2017

1 year and 10 months and 20 days

1.7-2.2 m²

no or restricted access to shower, lack of or insufficient physical exercise in fresh air

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

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

5,000

57661/15

12/01/2016

Gyula -Attila Ruzsa

02/09/1994

Chiriac Ovidiu

Brașov

Penitentiaries of Gherla and Miercurea Ciuc

03/10/2014 to 08/01/2016

1 year and 3 months and 6 days

1.3-2.5 m²

overcrowding, poor quality of food, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture

3,000

60373/15

08/01/2016

Viorel Mocan

17/02/1982

Peter Irina Maria

Bucharest

Rahova Penitentiary

05/02/2015 to 19/03/2015

1 month and 15 days

Aiud Penitentiary

19/03/2015 to 31/03/2016

1 year and 13 days

2.4-2.7 m²

overcrowding (from 05/02/2015 to 26/02/2015), lack of or inadequate hygienic facilities, inadequate temperature, infestation of cell with insects/rodents, poor quality of food, lack or inadequate furniture

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

3,000

60914/15

04/01/2016

Florin Țăreanu

05/06/1990

Miercurea Ciuc Penitentiary

20/11/2014 – p ending

More than 2 years and 10 months and 20 days

0.9-2.7 m²

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

3,000

60991/15

08/01/2016

Stan Panait

19/02/1964

Bucharest Central Arrest

19/11/2005 to 07/12/2005

19 days

Jilava Penitentiary Hospital and Penitentiaries of Jilava , Rahova and Giurgiu

07/12/2005 – pending

More than 11 years and 10 months and 10 days

1.5 m²

1.7-2.7 m²

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

overcrowding ( Jilava Penitentiary and Rahova Penitentiary, save for the period of 26/07/2007 – 04/06/2008), lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air, poor quality of potable water ( Jilava Penitentiary)

5,000

61978/15

14/01/2016

Nicolae Dungă

12/01/1978

Peter Irina Maria

Bucharest

Bucharest 13th Police Section

18/02/2011 to 07/03/2011

18 days

Bucharest Central Arrest

07/03/2011 to 19/04/2011

1 month and 13 days

Penitentiaries of Rahova , Giurgiu and Jilava

19/04/2011 – pending

More than 6 years and 5 months and 22 days

1.8 m²

1.5-2.7 m²

1.4-2.4 m²

overcrowding, lack of privacy for toilet

overcrowding (Penitentiaries of Rahova and Jilava ), poor quality of potable water ( Jilava Penitentiary), lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air

5,000

1368/16

29/01/2016

Dan Aftenie

19/02/1973

Peter Irina Maria

Bucharest

Sibiu Police Inspectorate

07/07/2009 to 14/09/2009

2 months and 8 day s

Aiud Penitentiary

14/09/2009 – pending

More than 8 years and 29 days

1.3 m²

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

overcrowding (from 14/09/2009 to 02/11/2009), lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, lack of a place to serve meals, inadequate temperature, lack of fresh air, lack of or insufficient physical exercise in fresh air

5,000

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

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CASE OF VARGA AND OTHERS v. ROMANIA

CASE OF VARGA AND OTHERS v. ROMANIA

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