Lexploria

FOURTH SECTION

CASE OF BÓDAY AND OTHERS v. HUNGARY

(Application no. 53398/13 and 9 other application s )

( s ee list appended)

JUDGMENT

STRASBOURG

7 January 2016

This judgment is final . It may be subject to editorial revision.

In the case of Bóday and Others v. Hungary ,

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 3 December 2015,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1 . The cases originated in applications against Hungary 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 Hungarian Government (“the Government”).

THE FACTS

3 . The list of applicants, their representatives 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 and of the lack of any effective remedy in domestic law .

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 S 3 AND 13 OF THE CONVENTION

6 . The applicants complained of the inadequate conditions of their detention and that they had no effective remedy in this connection. They relied on Articles 3 and 13 of the Convention, which read as follows:

Article 3

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Article 13

“Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority...”

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 extreme lack of space in a prison cell or overcrowding weighs heavily as an aspect to be taken into account for the purpose of establishing whether the impugned detention conditions were “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, §§ 36–40, 7 April 2005).

8 . In the leading case of Varga and Others v. Hungary (nos. 14097/12, 45135/12, 73712/12, 34001/13, 44055/13, and 64586/13, 10 March 2015), 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 . The Court further notes that the applicants did not have at their disposal an effective remedy by which to submit their complaints concerning their conditions of detention.

11 . These complaints are therefore admissible and disclose a breach of Articles 3 and 13 of the Convention.

III. APPLICATION OF ARTICLE 41 OF THE CONVENTION

12 . 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.”

13 . Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Varga and Others v. Hungary, nos. 14097/12, 45135/12, 73712/12, 34001/13, 44055/13, and 64586/13, §§ 118-124, 10 March 2015), the Court considers it reasonable to award the sums indicated in the appended table.

14 . 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 applications admissible;

3. Holds that these applications disclose a breach of Article s 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of an effective remedy ;

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 7 January 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 Articles 3 and 13 of the Convention

( inadequate conditions of detention and lack of any effective remedy in domestic law)

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) [i]

Amount awarded for costs and expenses per application

(in euros) [ii]

53398/13

15/08/2013

Pál Péter BÓDAY

06/03/1972

Fürjes József

Budapest

Budapest Prison,

20/03/2012 to

20/03/2013

1 year(s) and 1 month(s)

2.8 m²

toilet not separated from the rest of the cell, lack of (adequate) heating

5,300

300

54330/13

14/08/2013

Péter HARASZTI

31/07/1975

Fürjes József

Budapest

Budapest Correctional Facility

30/04/2009 to

09/03/2010

0 year(s) and 11 month(s)

Budapest Prison

10/03/2009

pending

6 year(s) and 8 month(s)

2.5 m²

2.8 m²

toilet not separated from the rest of the cell, lack of (adequate) heating

12,000

300

55601/13

24/08/2013

Kálmán VARGA

14/10/1972

Turán Tünde

Budapest

Szabolcs-Szatmár-Bereg County Prison and Sátoraljaújhely Prison

12/12/2011 to

10/08/2012

0 year(s) and 8 month(s)

2.5 m²

5,000

300

56806/13

02/09/2013

Roland RAMOS

25/03/1992

Szeged Prison, Block III. (" Algyő-Nagyfa ")

30/04/2013 to

30/11/2014

1 year(s) and 8 month(s)

Szeged Prison, Block I. ("Mars")

30/11/2014

pending

1 year(s)

2.2 m²

3.1 m²

toilet not separated from the rest of the cell

10,000

65103/13

13/10/2013

Ervin BARANYI

08/04/1975

Diószegi Éva

Budapest

Budapest Prison

01/04/1995 to

01/12/1996

1 year(s) and 9 month(s)

Szeged Prison

01/12/1996 to

01/08/2002

5 year(s) and 9 month(s)

Budapest Prison

01/10/2005 to

01/06/2014

8 year(s) and 9 month(s)

Márianosztra Prison

01/06/2014 to

01/07/2014

0 year(s) and 2 month(s)

2.6 m²

3 m²

3.2 m²

3.3 m²

toilet not separated from the rest of the cell

26,000

300

18201/14

25/02/2014

Tamás KATONA

13/10/1981

Budapest Correctional Facility, Block I. ("Nagy Ignác / Markó ")

25/07/2012 to

12/02/2013

0 year(s) and 7 month(s)

Budapest Prison

12/02/2013 to

19/01/2015

2 year(s)

Borsod-Abaúj-Zemplén County Prison and Budapest Correctional Facility

19/01/2015

pending

0 year(s) and 10 month(s)

3 m²

infestation of the cell with insects

12,300

21840/14

10/03/2014

Tibor SALAMON

25/06/1981

Vidákovics Béla Zsolt

Budapest

Zala County Prison

19/10/2007 to

22/03/2010

2 year(s) and 6 month(s)

Budapest Prison, Block "B"

22/03/2010 to

01/06/2012

2 year(s) and 3 month(s)

Budapest Prison, Block "A"

01/06/2012

pending

3 year(s) and 5 month(s)

2.2 m²

3.1 m²

3 m²

toilet not separated from the rest of the cell

26,000

300

22180/14

14/03/2014

Miklós NAGY

15/12/1972

Rácz Gergely

Budapest

Budapest Correctional Facility and Budapest Prison, Block "B"

25/05/2010 to

20/09/2013

3 year(s) and 4 month(s)

2.2 m²

shower only once a week

12,000

22958/14

17/04/2014

Zoltán ÁRVAI

15/06/1976

Szeged Prison

09/05/2006 to

13/06/2013

7 year(s) and 2 month(s)

2.5 m²

toilet not separated from the rest of the cell, infestation of the cell with insects

23,500

23555/14

14/03/2014

László Sándor GÖNCZ

21/12/1971

Fahidi Gergely

Budapest

Budapest Prison, Block "A"

13/02/2012 to

27/11/2014

2 year(s) and 10 month(s)

2.6 m²

only cold water in cell, toilet not separated from the rest of the cell, shower only once a week, infestation of the cell with insects, lack of (adequate) heating

10,500

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

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