Lexploria

THIRD SECTION

CASE OF ROÅžIU AND OTHERS v. ROMANIA

( Applications nos. 56276/10 , 8045/13, 39307/13, 46005/13, 62014/13, 69007/13, 77819/13, 80145/13, 1663/14, 1670/14, 11291/14 and 15036/14 )

JUDGMENT

STRASBOURG

22 October 2015

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

In the case of RoÅŸiu and Others v. Romania ,

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

Valeriu Griţco , President, Branko Lubarda , Mārtiņš Mits , judges

and Hasan Bakırcı , Acting Deputy Section Registrar ,

Having deliberated in private on 1 October 2015 ,

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

THE CIRCUMSTANCES OF THE CASE

3 . The list of applicants and the relevant details of the applications are set out in the appended table.

4 . The applicants complained of inadequate conditions of detention. In some of the applications, the applicants also raised complaints under other 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, 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 Iacov Stanciu v. Romania (no. 35972/05, §§ 116-129, 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. 56276/10 , 8045/13 , 39307/13 , 46005/13, 69007/13 , 80145/13, 1663/14, 1670/14, 11291/14, and 15036/14 the applicants also complained of other aspects concerning material conditions of detention or transport. 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; Bahnă v. Romania , no. 75985/12, § 53, 13 November 2014; and Bujorean v. Romania , no. 13054/12, § 32, 10 June 2014) .

III. OTHER ALLEGED VIOLATIONS RAISED UNDER WELL ‑ ESTABLISHED CASE ‑ LAW

12 . The applicant in case no. 8045/13 also submitted a complaint under Article 6 § 1 of the Convention on the basis of well-established Convention case-law (see appended table). This complaint is not manifestly ill ‑ founded within the meaning of Article 35 § 3 (a) of the Convention nor is it inadmissible on any other ground. Accordingly, it must be declared admissible. Having examined all the material before it, the Court concludes that it also discloses a violation of the Convention in the light of its findings in Vlad and Others v. Romania (nos. 40756/06, 41508/07 and 50806/07, §§ 131-133 and 161, 26 November 2013).

IV. REMAINING COMPLAINTS

13 . Some applicants also raised other complaints under various Articles of the Convention.

14 . The Court has carefully 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 do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols thereto.

It follows that this part of the application s is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

V. APPLICATION OF ARTICLE 41 OF THE CONVENTION

15 . 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.”

16 . Regard being had to the documents in its possession and to its case ‑ law ( Iacov Stanciu , cited above, §§ 201-203 ), the Court considers it reasonable to award the sums indicated in the appended table.

17 . 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 and the other complaints raised under the well-established case-law of the Court, as set out in the appended table, admissible, and the remainder of the applications inadmissible;

3. Holds that these applications 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. 56276/10 , 8045/13 , 39307/13 , 46005/13, 69007/13 , 80145/13, 1663/14, 1670/14, 11291/14, and 15036/14 in respect of the material conditions of detention and in application no . 80145/13 in respect of the material conditions of transport;

5. Holds that there has been a violation as regards the other complaints raised under the well-established case-law of the Court (see appended table) ;

6. 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 amount indicated in the appended table 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 22 October 2015, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Hasan Bakırcı Valeriu Griţco Acting Deputy Registrar President

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

Other complaints under well  established case-law

Amount awarded for non  pecuniary damage per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

56276/10

13/09/2010

Vasile Augustin ROÅžIU

23/07/1974

Coliba ÅŸ i Penitentiary

05/11/2007 to

05/05/2011

3 year(s) and 7 month(s)

Coliba ÅŸ i Penitentiary

25/07/2011 to

08/12/2011

0 year(s) and 5 month(s)

Coliba ÅŸ i Penitentiary

22/03/2012 to

29/03/2012

0 year(s) and 1 month(s)

Coliba ÅŸ i Penitentiary

02/07/2012 to

09/07/2012

0 year(s) and 1 month(s)

ColibaÅŸ i Penitentiary

13/09/2012 to

20/09/2012

0 year(s) and 1 month(s)

Coliba ÅŸ i Penitentiary

10/01/2013 to

25/03/2013

0 year(s) and 3 month(s)

Coliba ÅŸ i Penitentiary

03/06/2013

pending

2 year(s) and 3 month(s)

1.64 - 3.19 m²

Overcrowding.

13,400

8045/13

09/01/2013

Ionel MANÈšOG

15/02/1956

Chiriţă Radu

Cluj Napoca

Tâ rgu -Jiu Penitentiary

01/08/2012

pending

3 year(s) and 1 month(s)

1.42 - 2.88 m²

Overcrowding.

Art. 6 (1) – Excessive length of criminal proceedings

8,800

1,500

39307/13

11/06/2013

Ovidiu ŢENESCU

20/11/1967

Giurgiu Penitentiary

14/12/2012 to

31/05/2015

2 year(s) and 6 month(s)

3.35 m²

Overcrowding, poor conditions of hygiene.

5,700

46005/13

15/07/2013

Gheorghe NOVAC

13/07/1967

Jilava Penitentiary

10/10/2012

pending

2 year(s) and 11 month(s)

1.1 - 1.76 m²

Overcrowding, poor conditions of hygiene.

6,500

62014/13

27/09/2013

Marius Cezar ŞUŢĂ

19/08/1974

Jilava Penitentiary

20/04/2012 to

10/05/2013

1 year(s) and 1 month(s)

1.05 - 1.30 m²

Overcrowding, poor conditions of hygiene.

3,200

69007/13

18/10/2013

Cezar Andrei BÄ‚LÄ‚CIAN

16/10/1984

Boto ÅŸ ani Penitentiary

16/06/2012 to

16/04/2014

1 year(s) and 11 month(s)

2.36 m²

Overcrowding, poor conditions of hygiene.

4,700

77819/13

02/12/2013

Mihai- Ciprian POTÃŽRCÄ‚

12/06/1975

Ia ÅŸ i Penitentiary

23/12/2011 to

07/08/2012

0 year(s) and 8 month(s)

IaÅŸ i Penitentiary

16/10/2012 to

15/10/2013

1 year(s)

1.28 m²

Overcrowding, worn-out mattresses, cells infested with bedbugs and rats, inadequate toilet facilities, lack of adequate lighting.

4,200

80145/13

04/12/2013

Nicolae Cătălin ȘERBAN

11/04/1976

Andrei Paul

Timi ÅŸ oara

Aiud Penitentiary

19/04/2012

15/02/2013

0 years and 10 months

Bucharest- Rahova Penitentiary

19/04/2012 to

14/08/2013

1 year(s) and 4 month(s)

n/a

2.1 – 3 m²

Humidity in the cell, lack of adequate heating during winter.

Overcrowding, poor conditions of hygiene, limited access to warm water.

3,600

1663/14

27/12/2013

Sidef ZÄ‚RNESCU

10/07/1973

Ploie ÅŸ ti Penitentiary

28/11/2012

pending

2 year(s) and 9 month(s)

1.24 m²

Overcrowding, insufficient toilet facilities for the number of detainees in the cell, lack of adequate space to store food, goods and to serve meals.

6,200

1670/14

27/12/2013

Mădălin Corneliu IONESCU

26/10/1975

Ploie ÅŸ ti Penitentiary

17/05/2013

pending

2 year(s) and 3 month(s)

1.24 m²

Overcrowding, insufficient toilet facilities for the number of detainees in the cell, lack of adequate space to store food, goods and to serve meals.

5,300

11291/14

21/03/2014

Mihai Klepper DUŢĂ

16/11/1967

Peter

Irina Maria

Bucharest

Jilava Penitentiary

15/04/2013

pending

2 year(s) and 4 month(s)

1.05 - 2.25 m²

Overcrowding, poor quality of food, cells infested with bedbugs.

5,400

800to be paid directly to the applicant ’ s representative, Ms Peter Irina Maria

15036/14

12/03/2014

Laurenţ iu VIERU

14/12/1974

Poarta Alb ă Penitentiary

21/03/2013

pending

2 year(s) and 5 month(s)

1.41 - 3.91 m²

Overcrowding (the applicant had 3.91 m² of individual space for one week between 07/04/2014 and 15/04/2014).

5,600

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

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

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CASE OF ROŞIU AND OTHERS v. ROMANIA

CASE OF ROŞIU AND OTHERS v. ROMANIA

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