Lexploria

FOURTH SECTION

CASE OF STANCIU AND OTHERS v. ROMANIA

(Application no. 58704/16 and 19 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 Stanciu 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 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 objection 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 table appended below, were inadequate.

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

11. In applications nos. 61956/16, 1088/17, 2922/17, 3119/17, 5012/17 and 6662/17, the applicants also raised other complaints under Article 3 of the Convention.

12. 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.

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, cited above), the Court considers it reasonable to award the sums indicated in the appended table.

15. The Court further finds 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]

58704/16

17/11/2016

Gheorghiță Gabriel STANCIU

1980Cezara-Maria Nichita-Costescu

Timișoara

Bacău, Timișoara and Arad Prisons

23/10/2004 to

21/03/2017

12 year(s) and 4 month(s) and 27 day(s)

1.25-1.5 m²

overcrowding (save for 10/03/2010-15/01/2015), bunk beds, lack of fresh air, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, no or restricted access to warm water, lack of toiletries, lack of or restricted access to leisure or educational activities, no or restricted access to toilet

5,000

61442/16

10/10/2016

Vasile BABA

1960Cluj County Police, Gherla and Bistrița Prisons and Dej Prison Hospital

22/02/2014 to

21/06/2017

3 year(s) and 4 month(s)

1.38-2.45 m²

overcrowding (save for 29/04-13/05/2015, 10 ‑ 12/06/2015, 15/12/2015-04/01/2016, 19 ‑ 22/02/2016, 17/01-21/06/2017), lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to running water, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, bunk beds

3,000

61731/16

19/10/2016

George-Teodor NEPOTU

1967Tulcea, Arad and Giurgiu Prisons

30/12/2010 to

07/09/2016

5 year(s) and 8 month(s) and 9 day(s)

1.39-2.80 m²

overcrowding (save for 15/02 - 24/10/2011 and 24/02/2012 - 25/03/2013), mouldy or dirty cell, lack or inadequate furniture, lack of privacy for toilet, lack of fresh air, bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents

5,000

61735/16

17/10/2016

Andrei MAKARA

1978Vasile RareÅŸ Biro

Satu Mare

Satu Mare County Police and Oradea and Satu Mare Prisons

19/03/2012 to

03/05/2017

5 year(s) and 1 month(s) and 15 day(s)

1.16-2.89 m²

overcrowding (save for 21/01-13/06/2013; 17/07 ‑ 10/09/2013; 25-27/01/2016 and 05 ‑ 11/07/2016), lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack or inadequate furniture, poor quality of food, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet

5,000

61956/16

20/12/2016

Culai-Florin PAÅžCANU

1970Vaslui, Tulcea, Gaești and Iași Prisons

15/12/2015 to

19/04/2017

1 year(s) and 4 month(s) and 5 day(s)

1.23-1.96 m²

overcrowding (save for 15-26/09/2016; 18 ‑ 22/11/2016; 16/12/2016-25/01/2017; 31/01 ‑ 14/03/2017 and 16/03-19/04/2017), lack or inadequate furniture, lack of or poor quality of bedding and bed linen, poor quality of food, infestation of cell with insects/rodents, mouldy or dirty cell, lack of privacy for toilet, poor quality of potable water

3,000

62478/16

20/10/2016

Valeriu-Cătălin VOICU

1977Ionela Mărgărit

Bucharest

Poarta-Albă Prison Hospital and Galați and Brăila Prisons

21/01/2016 to

30/05/2017

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

1.2-2.1 m²

overcrowding (save for 21-25/02/2016; 22 ‑ 25/02/2016; 11/01/2017 and 11/03-05/07/2016), lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to warm water, no or restricted access to running water or to potable water, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of fresh air, lack of or insufficient natural light

3,000

62487/16

20/10/2016

Gheorghe MISTREANU

1981Ionela Mărgărit

Bucharest

Rahova and Brăila Prisons

28/12/2014 to

11/10/2016

1 year(s) and 9 month(s) and 14 day(s)

1.66-2.53 m²

overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of fresh air, lack of or insufficient natural light, mouldy or dirty cell, no or restricted access to warm water, poor quality of food

3,000

66377/16

16/01/2017

Ionuț-Daniel PÎȘCU

1993Gorj County Police, Bariera Vâlcii Juvenile Detention Centre and Târgu-Jiu Prison

27/07/2013 to

14/02/2017

3 year(s) and 6 month(s) and 19 day(s)

0.93-2.24 m²

overcrowding (save for 27/07-08/09/2013 and 12/09/2013), bunk beds, lack or inadequate furniture, mouldy or dirty cell, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to shower, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, poor quality of food, insufficient number of sleeping places, infestation of cell with insects/rodents, inadequate temperature

3,000

78592/16

06/12/2016

Alexandru CACIUR

1990Cezara-Maria Nichita-Costescu

Timișoara

Caraș-Severin County Police, Timișoara Prison and Jilava Prison Hospital

23/06/2014 to

24/05/2017

2 year(s) and 11 month(s) and 2 day(s)

2-2.27 m²

overcrowding (save for 26/06-02/07/2014; 20 ‑ 23/10/2014; 03-20/11/2014; 28-29/08/2015 and 23/03/2016-24/05/2017), no or restricted access to shower, poor quality of food, lack of toiletries, insufficient number of sleeping places, constant electric light, lack of or poor quality of bedding and bed linen, lack of fresh air, lack or inadequate furniture, no or restricted access to warm water

3,000

79488/16

06/02/2017

Marian BÄ‚LTEANU

1993Vaslui and Găești Prisons

10/06/2015 to

30/11/2016

1 year(s) and 5 month(s) and 21 day(s)

1.91-2.29 m²

overcrowding (save for 22/08-30/11/2016), bunk beds, lack of fresh air, lack or inadequate furniture, poor quality of food, no or restricted access to potable water, infestation of cell with insects/rodents

3,000

164/17

06/02/2017

Ionel DAVID

1990Călărași County Police and Slobozia, Rahova, Tulcea and Giurgiu Prisons

19/08/2010 to

31/08/2017

7 year(s) and 13 day(s)

1.39-2.88 m²

overcrowding (save for 05-12/10/2011; 01 ‑ 10/10/2013 and 18/05/2016-02/05/2017), no or restricted access to shower, poor quality of food, lack of or insufficient physical exercise in fresh air, no or restricted access to potable water

5,000

1088/17

15/12/2016

Cătălin-Dragoş RĂCĂŞAN

1976Tulcea Prison

08/07/2013 to

19/10/2016

3 year(s) and 3 month(s) and 12 day(s)

1.39-2.98 m²

overcrowding, no or restricted access to toilet, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or insufficient natural light, lack or inadequate furniture, poor quality of potable water, no or restricted access to shower, poor quality of food

3,000

1298/17

15/12/2016

Marian GAGIU

1986Cătălina Gagiu

Suceava

Suceava Police and Botoșani Prison

29/01/2014 to

04/10/2016

2 year(s) and 8 month(s) and 6 day(s)

1.9-2.1 m²

overcrowding, no or restricted access to running water, no or restricted access to warm water

3,000

2922/17

21/12/2016

Cornel CHIRIŢĂ

1984Mărgineni and Ploiești Prisons

17/01/2013 to

26/08/2016

3 year(s) and 7 month(s) and 10 day(s)

1.08-2.53 m²

overcrowding (save for 31/07-18/08/2014), lack of fresh air, infestation of cell with insects/rodents, lack of privacy for toilet, no or restricted access to warm water, no or restricted access to shower, lack or inadequate furniture, poor quality of food, passive smoking, mouldy or dirty cell

3,000

2990/17

20/12/2016

Maricel-Ioan POPOV

1989Daniela Tonică

Huși

Iași, Vaslui and Târgu-Ocna Prisons

25/04/2014 to

08/11/2016

2 year(s) and 6 month(s) and 15 day(s)

1.28-2.38 m²

overcrowding, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to warm water, infestation of cell with insects/rodents, lack of fresh air, mouldy or dirty cell, no or restricted access to toilet, no or restricted access to potable water

3,000

3119/17

15/12/2016

Octav-Lucreţiu FECHETE

1966Vasile RareÅŸ Biro

Satu Mare

Oradea and Satu Mare Prisons

25/11/2011 to

15/11/2016

4 year(s) and 11 month(s) and 22 day(s)

1.5 - 2.2 m²

overcrowding, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, no or restricted access to warm water, mouldy or dirty cell, lack of or insufficient natural light, constant electric light, lack of or insufficient physical exercise in fresh air, lack of fresh air, no or restricted access to shower, infestation of cell with insects/rodents, poor quality of food, lack of privacy for toilet

3,000

4940/17

29/12/2016

Boby-Jozsef REZMÅ°VES

1981Vasile RareÅŸ Biro

Satu Mare

Oradea and Satu Mare Prisons

10/11/2015 to

25/07/2017

1 year(s) and 8 month(s) and 16 day(s)

1.44-2.05 m²

overcrowding (save for 10/11-02/12/2015), lack or inadequate furniture, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, constant electric light, poor quality of food, lack of or insufficient physical exercise in fresh air

3,000

5012/17

06/01/2017

Francisc SZŐCSI

1976Vasile RareÅŸ Biro

Satu Mare

Oradea and Satu Mare Prisons

11/07/2014 to

23/11/2016

2 year(s) and 4 month(s) and 13 day(s)

1.39-2.77 m²

overcrowding (save for 29-30/12/2015), lack of fresh air, lack or inadequate furniture, poor quality of food, no or restricted access to toilet, no or restricted access to shower, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of privacy for toilet

3,000

5586/17

14/12/2016

Dănuț MANOLE

1981Vasile RareÅŸ Biro

Satu Mare

Oradea and Satu Mare Prisons

14/01/2016 to

29/11/2016

10 month(s) and 16 day(s)

1.30-2.05 m²

overcrowding (save for 14/01-04/02/2016), lack of fresh air, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to shower, no or restricted access to warm water, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of or insufficient natural light, poor quality of food, lack of or insufficient physical exercise in fresh air

1,000

6662/17

06/01/2017

Istvan Csaba NAGY

1975Vasile RareÅŸ Biro

Satu Mare

Satu Mare Prison

09/12/2014 to

13/09/2016

1 year(s) and 9 month(s) and 5 day(s)

1.30-1.45 m²

overcrowding, no or restricted access to toilet, lack of privacy for toilet, mouldy or dirty cell, no or restricted access to potable water, lack or inadequate furniture, lack of fresh air, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, inadequate temperature, lack of or insufficient natural light, no or restricted access to warm water, bunk beds

3,000

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

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CASE OF STANCIU AND OTHERS v. ROMANIA

CASE OF STANCIU AND OTHERS v. ROMANIA

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