Lexploria

FOURTH SECTION

CASE OF BOTA AND OTHERS v. HUNGARY

(Application no. 34753/12 and 12 other applications -

see appended list)

JUDGMENT

STRASBOURG

10 December 2015

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

In the case of Bota and Others v. Hungary,

The European Court of Human Rights (F ourth 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 19 November 2015 ,

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

PROCEDURE

1 . The case originated in applications against Hungary 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 Hungarian Government (“the Government”). The Hungarian Government (“the Government”) were represented by Mr Z. Tallódi , Agent, Ministry of Justice.

THE FACTS

THE CIRCUMSTANCES OF THE CASE

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, 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 absence 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 10 December 2015 , 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]

34753/12

31/05/2012

Sándor BOTA

12/03/1978

Karsai Dániel András

Budapest

Budapest Correctional Facility, Block III. (" Maglódi / Venyige ")

25/07/2010 to

16/08/2010

0 year(s) and 1 month(s)

Balassagyarmat Prison

07/09/2010 to

16/12/2010

0 year(s) and 4 month(s)

Budapest Prison, Block "B"

16/12/2010

pending

4 year(s) and 9 month(s)

3.75 m²

2.6 m²

2.7 m²

shower only once a week

no proper separation of toilet

cockroaches, bedbugs

17,500

300

34754/12

31/05/2012

Zsolt MARTIN

01/06/1975

Karsai Dániel András

Budapest

Budapest Prison

08/08/2003 to

19/12/2005

2 year(s) and 5 month(s)

Szeged Prison

19/12/2005 to

06/06/2006

0 year(s) and 6 month(s)

Budapest Prison

06/06/2006 to

09/10/2012

6 year(s) and 5 month(s)

Márianosztra Prison

09/10/2012 to

01/12/2013

1 year(s) and 2 month(s)

Vác Prison

01/12/2013

pending

1 year(s) and 10 month(s)

1.9 m²

3.1 m²

3.3 m²

2.5 m²

2 m²

26,000

300

45140/12

10/07/2012

András Tibor VARGA

03/03/1978

Karsai Dániel András

Budapest

Márianosztra Prison and Prison Hospital, Tököl

14/01/2008 to

06/10/2008

0 year(s) and 9 month(s)

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

06/10/2008 to

06/04/2010

1 year(s) and 7 month(s)

Budapest Prison and Győr - Moson -Sopron County Prison

06/04/2010

pending

5 year(s) and 6 month(s)

3,1 m²

2.6 m²

3 m²

no proper separation of toilet

25,500

300

45848/12

10/07/2012

Miklós CSICSÁK

11/02/1971

Karsai Dániel András

Budapest

Békés County Prison

29/09/2005 to

28/08/2007

1 year(s) and 11 month(s)

Budapest Prison, Block "A"

29/08/2007 to

01/05/2012

4 year(s) and 9 month(s)

Budapest Prison, Block "B"

01/05/2012 to

17/07/2012

0 year(s) and 3 month(s)

2.1 m²

2.4 m²

3.3 m²

no proper separation of toilet

22,800

300

48473/12

25/07/2012

Vendel BODA

24/06/1946

Karsai Dániel András

Budapest

Baranya County Prison

10/12/2004 to

26/06/2005

0 year(s) and 7 month(s)

Budapest Prison

27/06/2005

pending

10 year(s) and 3 month(s)

1.9 m²

3.1 m²

no proper separation of toilet, shower only once a week

no proper separation of toilet

26,000

300

56357/12

24/08/2012

Imre FARKAS

26/05/1987

Fahidi Gergely

Budapest

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

24/05/2008 to

16/06/2008

0 year(s) and 1 month(s)

Budapest Prison, Block "A"

30/07/2009 to

25/02/2011

1 year(s) and 7 month(s)

Budapest Prison, Block "B"

25/02/2011 to

01/06/2012

1 year(s) and 4 month(s)

Budapest Prison, Block "A"

01/06/2012 to

11/08/2014

2 year(s) and 3 month(s)

2,6 m²

2.6 m²

3,1 m²

2.6 m²

bedbugs

no proper separation of toilet, only cold water in cell, shower only once a week, bedbugs, no proper ventilation in the cell

bedbugs

no proper separation of toilet, only cold water in cell, shower only once a week, bedbugs, no proper ventilation in the cell

17,800

300

56362/12

24/08/2012

László Csaba VÉTEK

05/03/1979

Karsai Dániel András

Budapest

Budapest Prison "A" Block

27/12/2011 to

23/01/2012

0 year(s) and 1 month(s)

Budapest Prison "B" Block

23/01/2012 to

01/06/2012

0 year(s) and 5 month(s)

Budapest Prison "A" Block

01/06/2012

pending

3 year(s) and 4 month(s)

2,6 m²

3,25 m²

3 m²

no proper separation of toilet, only cold water in cell

13,500

300

56368/12

27/08/2012

István MEGYERI

11/10/1974

Állampuszta Prison

10/06/2008 to

15/11/2010

2 year(s) and 6 month(s)

Budapest Prison, Block "B"

15/11/2010 to

01/06/2012

1 year(s) and 7 month(s)

Budapest Prison, Block "A"

01/06/2012

pending

3 year(s) and 4 month(s)

2.8 m²

2.6 m²

only cold water in cell, bedbugs, cockroaches

only cold water in cell, bedbugs, cockroaches, no proper separation of toilet

24,300

58632/12

06/09/2012

Kálmán GULYÁS

01/04/1968

Budapest Prison, Block "B"

22/07/2011 to

20/11/2011

0 year(s) and 4 month(s)

Budapest Prison, Block "A"

20/11/2011 to

11/10/2013

1 year(s) and 11 month(s)

3.2 m²

2.6 m²

no proper separation of toilet

8,800

72055/12

26/10/2012

Sándor CSEMER

07/06/1981

Fahidi Gergely

Budapest

Budapest Correctional Facility, Block III. (" Maglódi / Venyige ")

23/04/2009 to

23/07/2009

0 year(s) and 4 month(s)

Budapest Prison, Block "A"

23/07/2009 to

18/02/2011

1 year(s) and 7 month(s)

Baracska Prison

18/02/2011 to

10/07/2011

0 year(s) and 5 month(s)

Budapest Prison, Block "B"

11/08/2011

pending

4 year(s) and 1 month(s)

3.75 m²

2.6 m²

2.9 m²

3.1 m²

shower only once a week, bedbugs

no proper separation of toilet, shower only once a week, cockroaches, bedbugs

shower only once a week, cockroaches, bedbugs

bedbugs, only cold water in cell

21,300

300

73195/12

09/11/2012

Péter SZABÓ

04/03/1975

Budapest Prison

21/09/2010 to

16/12/2013

3 year(s) and 3 month(s)

2.7 m²

no proper separation of toilet, shower only once a week, only cold water in cell

11,800

76492/12

20/11/2012

Elemér SZTOJKA-BIHARI

20/09/1966

Baracska Prison

06/08/2008 to

10/12/2014

6 year(s) and 5 month(s)

2 m²

21,300

79146/12

04/12/2012

Krisztián GÁL

12/05/1975

Fahidi Gergely

Budapest

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

21/01/2012 to

01/04/2014

2 year(s) and 3 month(s)

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

09/04/2014 to

05/05/2014

0 year(s) and 1 month(s)

Budapest Prison, Block "B"

05/05/2014

pending

1 year(s) and 5 month(s)

3.2 m²

2.3 m²

2.7 m²

no proper separation of toilet, shower only once a week, cockroaches

shower only once a week, cockroaches

13,300

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

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

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CASE OF BOTA AND OTHERS v. HUNGARY

CASE OF BOTA AND OTHERS v. HUNGARY

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