Lexploria

FOURTH SECTION

CASE OF MACOVEI AND OTHERS v. ROMANIA

( Applications no s . 50109/13 , 63887/13, 73496/13, 17415/14, 20965/14, 24212/14, 24906/14, 27050/14, 36990/14, 37117/14, 39499/14, 39598/14, 40769/14, 42747/14,

48620/14 and 55840/14 )

JUDGMENT

STRASBOURG

18 February 2016

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

In the case of Macovei and Others v. Romania,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

Vincent A. De Gaetano, President, Egidijus Kūris , Gabriele Kucsko-Stadlmayer , judges, and Hasan Bakırcı, Acting Deputy Section Registrar ,

Having deliberated in private on 28 January 2016,

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 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, Kud Å‚a v. Poland [GC], no. 30210/96, §§ 90 ‑ 94, ECHR 2000 ‑ XI, and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 139 ‑ 165, 10 January 2012). 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, amongst many authorities, Karalevičius v. Lithuania , no. 53254/99, §§ 39, 7 April 2005, and Ananyev and Others, cited above, §§ 145-147, 149).

8 . In the leading case of Iacov Stanciu v. Romania, no. 35972/05, 24 July 2012, 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 (see appended table for details).

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

11 . In applications nos. 63887/13, 73496/13, 17415/14, 20965/14, 24212/14, 24906/14, 27050/14, 36990/14, 37117/14, 39499/14, 40769/14, 42747/14, 48620/14 and 55840/14 the applicants also complained of other aspects concerning material conditions of detention. In the light of its findings above, the Court does not consider it necessary to examine these remaining aspects (see Epistatu v. Romania , no. 29343/10, § 55, 24 September 2013 and Bahnă v. Romania , no. 75985/12, § 53, 13 November 2014).

III. REMAINING COMPLAINTS

12 Some applicants raised other complaints under Article 3 of the Convention.

13 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 application s is manifestly ill-founded and must be reje cted in accordance with Article 35 §§ 3 and 4 of the Convention.

IV . APPLICATION OF ARTICLE 41 OF THE CONVENTION

14 . 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.”

15 . Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Butiuc and Dumitrof v. Romania, no. 19320/07, 15 July 2014), the Court considers it reasonable to award the sums indicated in the appended table.

16 . 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 inadmissible;

3. Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention ;

4. Holds that there is no need to examine the remaining issues raised under Article 3 of the Convention in applications nos. 63887/13, 73496/13, 17415/14, 20965/14, 24212/14, 24906/14, 27050/14, 36990/14, 37117/14, 39499/1 4, 40769/14, 42747/14, 48620/14 and 55840/14 in respect of the material conditions of detention ;

5. Holds

(a) that the respondent State is to pay the applicants, with the exception of cases nos. 50109/13 and 63887/13, 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 18 February 2016, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Hasan Bakırcı 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]

50109/13

15/07/2013

Mihai MACOVEI

08/08/1958

Târgu Mureș Penitentiary - several transits during the following period of detention:

08/01/2013 to

26/11/2013

0 year(s) and 11 month(s)

n/a

passive smoking and poor conditions of hygiene

n/a

(no claim under Article 41 of the Convention)

63887/13

30/09/2013

Daniel Nicolae LUPUÈš

16/11/1989

Satu Mare Penitentiary

08/08/2013

pending

2 year(s) and 4 month(s)

1.43 - 1.56 m²

overcrowding, poor quality of food

n/a

(no claim under Article 41 of the Convention)

73496/13

11/11/2013

Gilbert Cristian DUMITRU

25/02/1973

Slobozia Penitentiary

14/08/2013 to

24/04/2014

0 year(s) and 9 month(s)

1.46 - 2.54 m²

overcrowding

3,000

17415/14

17/03/2014

Gheorghe TIMIȘ

19/08/1970

Gherla Penitentiary

28/02/2013

16/11/2015

2 year(s) and 10 month(s)

1.94 - 3.48 m²

overcrowding, inadequate toilet facilities, lack of an adequate place to store clothes and food, insufficient access to common showers

6,200

20965/14

02/07/2014

Ionel DASC Ä‚ L

16/08/1963

Caba Dorin

Oradea

Penitentiaries of Oradea, Satu-Mare, Aiud (transits of one night), Jilava , and Miercurea Ciuc

16/10/2012

pending

3 year(s) and 2 months

1.1 - 3.8 m²

Oradea Penitentiary - overcrowding (2.07 - 2.52 m² of individual space).

Satu-Mare Penitentiary - overcrowding (1.40 - 1.93 m² of individual space).

Aiud Penitentiary (transits of one night) - overcrowding (1.6 - 3.8 m² of individual space).

Jilava Penitentiary - overcrowding (1.1 m² of individual space).

Miercurea-Ciuc Penitentiary - overcrowding (2.78 m² of individual space).

6,900

24212/14

07/04/2014

Cristian GULIE

31/10/1987

Târgu -Jiu Penitentiary

30/04/2013 to

29/08/2014

1 year(s) and 4 month(s)

Currently detained in Drobeta Turnu Severin Penitentiary

1.15 - 1.18 m²

overcrowding, insufficient access to warm water, lack of an adequate place to serve meals

3,600

24906/14

06/06/2014

Tiberiu IURA

19/06/1963

Gherla Penitentiary

10/11/2008

pending

7 year(s) and 1 month(s)

1.45 - 3.17 m²

overcrowding, lack of a shower and warm running water in the cell

14,000

27050/14

05/08/2014

Cătălin Daniel ION

15/11/1976

Craiova Penitentiary

02/06/2011 to

17/06/2013

2 year(s) and 1 month(s)

Craiova Penitentiary

18/07/2013 to

27/02/2014

0 year(s) and 8 month(s)

Craiova Penitentiary

17/04/2014 to

06/11/2014

0 year(s) and 7 month(s)

Currently detained in Târgu -Jiu Penitentiary

1.37 - 2.05 m²

1.12 - 2.93 m²

1.3 - 1.51 m²

overcrowding

7,200

36990/14

16/06/2014

Ionuț Andrei OPRIȘ

05/02/1985

Buruian Valeria

Mirșid , Sălaj County

Sălaj Police Inspe ctorate, Oradea Penitentiary and Satu Mare Penitentiary

01/10/2013 pending

2 year(s) and 2 month(s)

n/a

2 m²

1.6 - 2.2 m²

Sălaj Police Inspectorate

- lack of an adequate separation between the cell and the toilet

Oradea Penitentiary

- overcrowding, insufficient access to showers and insufficient time for walking outside the cell

Satu Mare Penitentiary

- overcrowding, insufficient toilet facilities and access to showers, poor quality of food, worn-out mattresses, lack of an adequate place to serve meals, infestation of the cell with insects

5,100

37117/14

29/05/2014

Marian IonuÈ› BARBU

18/07/1980

Jilava Penitentiary

01/11/2012 to

25/02/2013

0 year(s) and 4 month(s)

Jilava Penitentiary

11/03/2013 to

11/07/2013

0 year(s) and 4 month(s)

Jilava Penitentiary

02/08/2013 to

07/04/2014

0 year(s) and 9 month(s)

Jilava Penitentiary

08/05/2014

pending

1 year(s) and 7 month(s)

1.17 - 1.76 m²

1.30 - 1.76 m²

1.17 - 1.76 m²

1.30 - 1.76 m²

overcrowding, infestation of the cell with insects

6,600

39499/14

01/08/2014

Andrei DINC Ä‚

29/07/1967

Brăila Penitentiary

12/06/2012 to

26/08/2014

2 year(s) and 3 month(s)

Brăila Penitentiary

02/09/2014

22/10/2014

0 year(s) and 2 month(s)

Brăila Penitentiary

22/10/2014

pending

1 year(s) and 2 month(s)

1.35 – 2.71 m²

2.03 - 2.71 m²

n/a

overcrowding, lack of a shower in the cell and limited access to a common shower

lack of a shower in the cell and limited access to a common shower

7,500

39598/14

20/05/2014

Ciprian CRIPEÅž

01/09/1961

Târgu -Jiu Penitentiary

17/02/2014 to

07/04/2014

0 year(s) and 2 month(s)

Currently detained in Jilava Penitentiary

1.5 m²

overcrowding, lack of an adequate space to serve meals, insufficient toilet facilities for the number of detainees, inadequate natural lighting and ventilation

3,000

40769/14

10/07/2014

Viorel COBZARU

14/03/1985

Târgu -Jiu Penitentiary

29/05/2013

pending

2 year(s) and 7 month(s)

1.59 – 1.99 m²

overcrowding , lack of an adequate place to serve meals, lack of adequate ventilation, insufficient access to warm water, lack of an adequate space for walking outside the cell.

5,900

42747/14

10/07/2014

Sergiu Mihăiță MICLĂUȘ

07/05/1982

Baia Mare Penitentiary

21/05/2013

pending

2 year(s) and 7 month(s)

1.16 - 1.39 m²

overcrowding, lack of an adequate space to serve meals and of adequate furniture, lack of adequate ventilation, limited access to warm water, poor quality of food

5,900

48620/14

21/07/2014

Sebastian STAVILÄ‚

29/04/1972

Bistrița Penitentiary

12/03/2013 to

06/02/2014

1 year(s)

Bistrița Penitentiary

25/03/2014 to

05/02/2015

0 year(s) and 11 month(s)

Bistrița Penitentiary

08/05/2015

pending

0 year(s) and 7 month(s)

1.21 - 3.3 m²

2.44 m²

overcrowding, insufficient toilet facilities and access to showers, lack of an adequate place to serve meals

overcrowding, lack of an adequate place to serve meals

5,700

55840/14

10/09/2014

Gavrilă Simion BINDIU

30/08/1984

Bistrița Penitentiary

20/03/2014

pending

1 year(s) and 9 month(s)

1.21 – 2.44 m²

overcrowding, insufficient access to warm water

4,400

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

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CASE OF MACOVEI AND OTHERS v. ROMANIA

CASE OF MACOVEI AND OTHERS v. ROMANIA

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