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GAVRILĂ AND OTHERS v. ROMANIA
Doc ref: 31865/16;7708/17;7971/17;64957/17;74097/17;79539/17;81278/17;44991/18;26396/19;27301/19;28215/19 • ECHR ID: 001-220185
Document date: September 22, 2022
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GAVRILĂ AND OTHERS v. ROMANIA
Doc ref: 31865/16;7708/17;7971/17;64957/17;74097/17;79539/17;81278/17;44991/18;26396/19;27301/19;28215/19 • ECHR ID: 001-220185
Document date: September 22, 2022
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 31865/16 Dorel GAVRILÄ‚ against Romania and 10 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 22 September 2022 as a Committee composed of:
Armen Harutyunyan , President,
Jolien Schukking ,
Ana Maria Guerra Martins , judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”).
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention, which reads as follows:
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
The Government argued mainly that the applicants had lost their victim status because they had benefitted from the remedy offered by Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences. They asked the Court to reject the present applications for being incompatible ratione personae with the provisions of the Convention.
The applicants disagreed, claiming that the compensation awarded to them was insufficient.
The Court notes that in the decision Dîrjan and Ştefan v. Romania ((dec.), nos. 14224/15 and 50977/15, 15 April 2020) it has examined similar applications as the ones in the present case and declared them inadmissible because the applicants had lost their victim status. The Court noted that Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences, adopted following the pilot judgment in the case of Rezmiveș and Others v. Romania (nos. 61467/12 and 3 others, 25 April 2017) and in force between October 2017 and December 2019, was an effective remedy in respect of inadequate conditions of detention in Romanian prisons. More specifically, the above law set forth a compensatory remedy, available for periods of detention ranging from 2012 to 2019 and allowing the deduction of six days for 30 days spent in conditions of detention that fell short of standards compatible with Article 3 of the Convention (see Dîrjan and Ştefan , cited above, § 28). That benefit had an impact on the term of the prison sentences, giving detainees an opportunity of earlier release on parole.
Turning to the circumstances of the present cases, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility of those complaints. The above-mentioned remedy was available to the applicants in the present applications and, indeed, they benefitted from it. Thus, on different dates, the domestic authorities, applying the provisions laid down in the abovementioned decision Dîrjan and Ştefan , awarded compensation, through the reduction of days, to the applicants for the entire period of detention spent in inadequate conditions of which they complained (for further details see the appended table). Furthermore, the applicants were released from prison or were transferred to detention facilities they are not complaining about.
The Court is therefore satisfied that the applicants have been afforded adequate redress and can no longer claim to be victims of a violation of their rights under Article 3 of the Convention, insofar as the conditions of their detention, described in the appended table, are concerned. It follows that the applications in this part are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
Some applicants also raised other complaints under Article 3 of the Convention.
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 rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 13 October 2022.
Viktoriya Maradudina Armen Harutyunyan 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’s name
Year of birth
Representative’s name and location
Facility
Start and end date
Duration
Domestic compensation awarded (in days) based on total period calculated by national authorities
31865/16
25/07/2016
Dorel GAVRILÄ‚
1984Bucharest General Police Inspectorate
12/03/2015 to
13/03/2015
2 day(s)
Bucharest - Jilava and Bucharest - Rahova Prisons
14/04/2015 to
28/10/2015
6 month(s) and 15 day(s)
Bucharest - Jilava Prison
30/10/2015 to
23/11/2015
25 day(s)
Bucharest - Jilava Prison
14/12/2015 to
31/07/2017
1 year(s) and 7 month(s) and 18 day(s)
Bucharest - Jilava Prison
08/08/2017 to
22/11/2017
3 month(s) and 15 day(s)
198 days in compensation for a total period of 995 days spent in detention in inadequate conditions from 12/03/2015 to 27/12/2017, except for periods spent in prison hospitals, of which he did not complain
7708/17
17/01/2017
Vasile TIMIȘ
1973Biro Vasile RareÅŸ
Satu-Mare
Gherla and Baia Mare Prisons
10/10/2013 to
14/02/2018
4 year(s) and 4 month(s) and 5 day(s)
312 days in compensation for a total period of 1,579 days spent in detention in inadequate conditions from 10/10/2013 to 14/02/2018 in Gherla and Baia Mare Prisons, except for days spent in transit rooms and on leave
7971/17
17/01/2017
Marius BORODI
1978Biro Vasile RareÅŸ
Satu-Mare
Cluj County Police Station and Gherla Prison
28/01/2015 to
24/11/2015
9 month(s) and 28 day(s)
Baia Mare Prison
11/12/2015 to
21/12/2015
11 day(s)
Baia Mare Prison
22/01/2016 to
11/02/2016
21 day(s)
Baia Mare Prison
23/02/2016 to
07/03/2016
14 day(s)
Baia Mare Prison
18/03/2016 to
07/04/2016
21 day(s)
Baia Mare Prison
22/04/2016 to
23/05/2016
1 month(s) and 2 day(s)
Baia Mare Prison
27/05/2016 to
21/06/2016
26 day(s)
Baia Mare Prison
28/06/2016 to
18/07/2016
21 day(s)
Baia Mare Prison
22/07/2016 to
05/09/2016
1 month(s) and 15 day(s)
Baia Mare Prison
09/09/2016 to
03/02/2017
4 month(s) and 26 day(s)
Baia Mare and Gherla Prisons
30/05/2017 to
19/07/2017
1 month(s) and 20 day(s)
Gherla Prison
26/07/2017 to
31/12/2017
5 month(s) and 6 day(s)
210 days in compensation for a total period of 1,063 days spent in detention in inadequate conditions from 28/01/2015 to 14/06/2018, including all the periods spent in Cluj County Police Station, Gherla and Baia Mare Prisons
64957/17
14/09/2017
Nicolae PLEȘCAN
1976Găești Prison
02/02/2017 to
04/04/2018
1 year(s) and 2 month(s) and 3 day(s)
408 days in compensation for a total period of 2,059 days spent in detention in inadequate conditions from 24/07/2012 to 04/04/2018, including all the period spent in Vaslui Prison lodged within the six-month time-limit, except for the period 22/06/2017 - 26/06/2017
74097/17
06/10/2017
Iulia-Maria MIHAI
1969Olteanu Ionel
Bucharest
Craiova Prison
10/04/2018 to
02/07/2018
2 month(s) and 23 day(s)
132 days in compensation for a total period of 597 days spent in detention in inadequate conditions from 11/06/2014 to 29/01/2015 and from 03/04/2017 to 02/07/2018, including all the period spent in Craiova Prison
79539/17
20/03/2018
Dănuț CATALINCESCU
1973Timișoara Prison
10/12/2015 to
31/01/2018
2 year(s) and 1 month(s) and 22 day(s)
156 days in compensation for a total period of 780 days spent in detention in inadequate conditions from 10/12/2015 to 31/01/2018 in Timișoara Prison
81278/17
24/11/2017
Gheorghe-Constantin LAVRIC
1971Botoșani and Iași Prisons
18/03/2015 to
25/10/2017
2 year(s) and 7 month(s) and 8 day(s)
180 days in compensation for a total period of 933 days spent in detention in inadequate conditions from 18/03/2015 to 25/10/2017 in Botoșani and Iași Prisons, except for the days spent in transit rooms
44991/18
17/09/2018
Iulian-Remus MAREȘ
1985Bucharest Police detention facility no. 5; Bucharest - Rahova and Bucharest - Jilava Prisons
12/06/2017 to
13/04/2019
1 year(s) and 10 month(s) and 2 day(s)
Bucharest - Jilava Prison
08/05/2019 to
01/10/2019
4 month(s) and 24 day(s)
162 days in compensation for a total period of 784 days spent in detention in inadequate conditions from 12/06/2017 to 01/10/2019, including all the period spent in the detention facilities he complains of
26396/19
04/06/2019
Daniel ŢUGNEANU
1981Mioveni and Târgu Jiu Prisons
01/03/2019 to
24/10/2019
7 month(s) and 24 day(s)
Mioveni Prison
12/11/2019 to
17/12/2019
1 month(s) and 6 day(s)
54 days in compensation for a total period of 272 days spent in detention in inadequate conditions from 01/03/2019 to 22/12/2019, except for the periods spent in Mioveni Prison Hospital
27301/19
03/05/2019
Nicolae-Radu PASCAL
1960Vizitiu Liliana
Piatra NeamÈ›
Bacău and Galați Prisons
03/05/2018 to
31/05/2019
1 year(s) and 29 day(s)
114 days in compensation for a total period of 594 days spent in detention in inadequate conditions from 03/05/2018 to 22/12/2019, except for the period 13/09/2019 - 18/09/2019 spent in transit room of Bacău Prison
28215/19
25/09/2019
Liviu-Gheorghe FILIVÄ‚STRU
1973Moldovan Alina-Elena
Avrig
Deva Prison
09/05/2019 to
24/09/2019
4 month(s) and 16 day(s)
114 days in compensation for a total period of 590 days spent in detention in inadequate conditions from 13/10/2017 to 24/09/2019, except for the periods spent in prison hospitals, of which he did not complain
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