FOURTH SECTION

CASE OF MARIUS-DÄ‚NUÈš MOLDOVAN AND OTHERS

v. ROMANIA

(Application no. 46753/16 and 9 others –

see appended list)

JUDGMENT

STRASBOURG

16 December 2021

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

In the case of Marius-Dănuț Moldovan and Others v. Romania,

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

Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 25 November 2021,

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 Romanian Government (“the Government”) were given notice of the applications.

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

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

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, MurÅ¡ić v. Croatia [GC], no. 7334/13, §§ 96 ‑ 101, ECHR 2016). 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 MurÅ¡ić , cited above, §§ 122 ‑ 41, and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 149 ‑ 59, 10 January 2012).

8. In the leading case of RezmiveÈ™ and Others v. Romania, (nos. 61467/12 and 3 others, 25 April 2017), 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 and the arguments raised by the parties, including the Government’s objections related to the non-exhaustion of domestic remedies, 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 (including its findings in the recent case of Polgar v. Romania , no. 39412/19, §§ 94-97, 20 July 2021), the Court considers that in the instant case the applicants’ conditions of detention, as described in the appended table below, were inadequate.

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

11. In application no. 16247/17 the applicant also raised other complaints under Article 3 of the Convention.

12. The Court has examined the application 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 must be rejected in accordance with Article 35 § 4 of the Convention.

13. 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.”

14. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, RezmiveÈ™ and Others, and Polgar, both cited above), the Court considers it reasonable to award the sums indicated in the appended table.

15. The Court further 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,

(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 16 December 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

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

Sq. m per inmate

Specific grievances

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

46753/16

05/12/2016

Marius-Dănuț MOLDOVAN

1973Cluj Police, Jilava and Dej Prison Hospitals, Jilava, Gherla, Baia Mare, Timișoara and Bistrița Prisons

31/01/1999 to

18/10/2016

17 year(s) and 8 month(s) and 19 day(s)

1.14-2.75 m²

overcrowding (except for the periods 17/10/2007-07/11/2007, 26/05/2010-09/06/2010, 07/05/2012-08/05/2012, 18/06/2015-17/07/2015, 23/05/2012-06/06/2012, 14/08/2015-28/08/2015, 29/10/2015-13/11/2015), infestation of cell with insects/rodents, bunk beds, inadequate temperature, lack of fresh air, lack of or insufficient natural light, mouldy or dirty cell, no or restricted access to toilet, no or restricted access to shower, no or restricted access to warm water, poor quality of food, lack or inadequate furniture, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities

5,000

51483/16

26/09/2016

George-Andrei CARAMAN

1981Galați Police, Galați and Brăila Prisons

16/06/2012 to

21/03/2017

4 year(s) and 9 month(s) and 6 day(s)

1.2-2.57 m²

overcrowding (except for the period 28/06/2016-01/07/2016), bunk beds, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack or inadequate furniture, poor quality of food, lack of or insufficient natural light, lack of fresh air, inadequate temperature

3,000

8661/17

19/06/2017

Cristinel ADAM

1978Craiova and Drobeta Turnu-Severin Prisons

27/05/2016 to

08/08/2017

1 year(s) and 2 month(s) and 13 day(s)

1.7-2.96 m²

overcrowding, no or restricted access to shower, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient natural light, no or restricted access to warm water

3,000

10859/17

30/01/2017

Virgiliu-DragoÈ™ OPREA

1975Cândea Claudia Nadina Daciana

TimiÅŸoara

Ilfov Police, Colibași and Dej Prison Hospitals and Rahova, Jilava and Timișoara Prisons

09/02/2012 to

19/12/2016

4 year(s) and 10 month(s) and 11 day(s)

1.23-2.79 m²

overcrowding (except for the periods 10/04/2012-02/05/2012, 23/05/2013-10/06/2013, 27/11/2013-13/01/2014, 03/06/2014-03/07/2014, 01/09/2014-29/09/2014, 05/11/2014-11/11/2014, 26/05/2015-11/06/2015 and 04/07/2016-05/07/2016), constant electric light, inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of toiletries, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, infestation of cell with insects/rodents, poor quality of food

3,000

13253/17

03/04/2017

Daniel PAVEL

1977Peter Irina Maria

Bucharest

Focşani, Mărgineni and Rahova Prisons

20/10/2010 to

22/05/2017

6 year(s) and 7 month(s) and 3 day(s)

1.3-2.76 m²

overcrowding (except for the period 24/05/2011-01/06/2011), bunk beds, no or restricted access to warm water, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food, lack or inadequate furniture, mouldy or dirty cell, inadequate temperature, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, no or restricted access to running water, lack of fresh air, no or restricted access to shower

5,000

16247/17

20/02/2017

Nicolae TÄ‚NASÄ‚

1966Cândea Claudia Nadina Daciana

Timisoara

TimiÅŸ Police, TimiÅŸoara, Rahova and Arad Prisons

16/12/2010 to

04/01/2017

6 year(s) and 20 day(s)

1.96-2.75 m²

overcrowding (except for the periods 27/04/2011-07/03/2013, 24/02/2016-28/06/2016 and 18/07/2016-04/01/2017), lack of fresh air, lack of or insufficient natural light, constant electric light, inadequate temperature, lack of or inadequate hygienic facilities, lack of toiletries, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents

5,000

16567/17

31/10/2017

Gheorghe BOTEA

1973Peter Irina Maria

Bucharest

Bucharest Police detention facilities and Rahova Prison

20/04/2015 to

06/08/2015

3 month(s) and 18 day(s)

Rahova and Jilava Prisons

13/08/2015 to

02/11/2016

1 year(s) and 2 month(s) and 21 day(s)

Jilava Prison

07/11/2016 to

22/08/2017

9 month(s) and 16 day(s)

2.45-2.48 m²

1.7-2.18 m²

1.3-2.17 m²

overcrowding (except for the periods 19/05/2015-09/06/2015 and 07/02/2017-17/03/2017), bunk beds, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, inadequate temperature, no or restricted access to shower, lack of privacy for toilet, no or restricted access to potable water, infestation of cell with insects/rodents, mouldy or dirty cell

3,000

71135/17

11/09/2017

Răzvan-Constantin MOȘNEANU

1982Iuga Nicoleta

Arad

Arad Police and Arad and Timișoara Prisons

29/12/2014 to

11/04/2017

2 year(s) and 3 month(s) and 14 day(s)

2-2.5 m²

overcrowding (except for the periods 29/12/2014-11/02/2016 and 22/09/2016-11/04/2017), lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, no or restricted access to toilet, poor quality of food, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, no or restricted access to shower, infestation of cell with insects/rodents, inadequate temperature, lack of toiletries, lack or inadequate furniture, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, passive smoking

3,000

76075/17

19/10/2017

Silviu-IonuÈ› STOICA

1994Cadar Andreea-Gabriela

Galaţi

Poarta Albă Prison and Poarta Albă Prison Hospital

12/09/2015 to

16/05/2017

1 year(s) and 8 month(s) and 5 day(s)

1.82-2.94 m²

overcrowding (except for the periods 12/09/2015-25/09/2015 and 18/04/2016-19/04/2016), no or restricted access to toilet, bunk beds, lack of fresh air, no or restricted access to warm water, no or restricted access to potable water, mouldy or dirty cell, lack or inadequate furniture, infestation of cell with insects/rodents, lack of requisite medical assistance, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower, passive smoking, poor quality of food

3,000

11768/18

27/02/2018

Mihai Alexandru IONESCU

1985Rahova and Jilava Prisons

16/03/2016 to

20/10/2016

7 month(s) and 5 day(s)

Jilava and Găești Prisons

24/10/2016 to

30/08/2017

10 month(s) and 7 day(s)

1.7-2.8 m²

1.35-2.03 m²

overcrowding (except for the period 30/01/2017-30/08/2017), inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to warm water, no or restricted access to toilet, no or restricted access to shower, passive smoking, poor quality of food, bunk beds, lack of or insufficient natural light, lack of or inadequate hygienic facilities, lack of toiletries, mouldy or dirty cell

3,000

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