Lexploria

FOURTH SECTION

CASE OF FÄ‚INIÅž AND OTHERS v. ROMANIA

(Application no. 24192/16 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 Făiniş 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 applications nos. 24192/16, 36316/16, 46793/16, 46829/16, 53949/16, 55554/16 and 19203/17 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, and Polgar , both cited above), the Court considers it reasonable to award the sums indicated in the appended table.

15. 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,

(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] )

24192/16

26/05/2015

Constantin FÄ‚INIÅž

1963Craiova and Târgu-Jiu Prisons; Mioveni (Colibaşi) Prison Hospital

03/04/2014 to

01/11/2016

2 year(s) and 6 month(s) and 30 day(s)

0.94 - 2.58 m²

overcrowding (except for the period 15/05/2014 - 26/05/2014), infestation of cell with insects/rodents, lack or insufficient quantity of food, poor quality of food, lack of or insufficient natural light, lack of or inadequate hygienic facilities, lack of or restricted access to leisure or educational activities, no or restricted access to warm water, lack or inadequate furniture, inadequate temperature

3,000

25206/16

21/06/2016

Gianfranco CHERT

1976Rahova, Jilava and Timișoara Prisons; Jilava Prison Hospital

19/02/2016 to

24/05/2017

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

1.94 - 3 m²

overcrowding (except for the periods 11/04/2016 - 25/04/2016 and 20/03/2017 - 12/04/2017), bunk beds, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, mouldy or dirty cell

3,000

27496/16

04/06/2016

Dorin RÄ‚DULESCU

1953Peter Irina Maria

Bucharest

Bucharest Police Station nos. 19 and 22; Rahova and Jilava Prisons

09/01/2015 to

09/05/2016

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

1.51 - 2.44 m²

overcrowding (except for the periods 03/03/2015 - 10/03/2015 and 29/05/2015 - 04/06/2015), bunk beds, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, poor quality of food, no or restricted access to shower

3,000

28455/16

08/07/2016

Liviu LUPESCU

1989Stoinoiu Cristina

Galați

Galaţi Prison

26/06/2015 to

06/05/2016

10 month(s) and 11 day(s)

Galaţi Prison

17/05/2016 to

03/03/2017

9 month(s) and 15 day(s)

1 - 1.8 m²

overcrowding, bunk beds, lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, infestation of cell with insects/rodents, poor quality of food, poor quality of potable water

3,000

28973/16

16/05/2016

Sorin-Vasile VELEA

1982Caraş Severin Police Station; Timișoara and Arad Prisons

07/10/2015 to

22/05/2017

1 year(s) and 7 month(s) and 16 day(s)

2 - 2.33 m²

overcrowding (except for the periods 07/10/2015 - 14/10/2015 and 05/11/2015 - 19/05/2016), lack of toiletries, lack of fresh air, mouldy or dirty cell, lack of privacy for toilet, bunk beds, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, poor quality of food, lack or inadequate furniture

3,000

31509/16

05/09/2016

Barna-Ioan FARKAS

1977Biro Vasile RareÅŸ

Satu Mare

Bihor County Police Station and Oradea Prison

11/07/2008 to

14/08/2008

1 month(s) and 4 day(s)

Oradea and Satu Mare Prisons

21/08/2008 to

28/02/2017

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

1.39 - 2.77 m²

overcrowding (except for 26/08/2008, and the following periods 15/04/2009 - 23/06/2009, 29/09/2009 - 22/02/2010 and 01/08/2011 - 10/03/2013), lack of privacy for toilet, lack of fresh air, lack or inadequate furniture, poor quality of food, lack of or poor quality of bedding and bed linen, bunk beds, infestation of cell with insects/rodents, no or restricted access to shower, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, inadequate temperature

5,000

31882/16

29/07/2016

Marin MORONESCU

1966Olt County Police Station; Craiova,

Drobeta-Turnu Severin, Drobeta-Turnu Severin - Vânjuleț Exterior Section and Craiova - Pelendava Prisons; Mioveni (Colibași) Prison Hospital

24/06/2014 to

10/10/2017

3 year(s) and 3 month(s) and 17 day(s)

1.30 - 2.56 m²

overcrowding (except for the periods 24/06/2014 - 25/06/2014, 27/06/2014 - 28/06/2014, 26/11/2015 - 07/12/2015, 11/01/2016 - 19/01/2016, 28/04/2016 - 06/05/2016, 16/05/2016 - 23/06/2016, 01/07/2016 - 14/09/2016 and 06/02/2017 - 27/02/2017), mouldy or dirty cell, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, poor quality of food, no or restricted access to warm water

3,000

32463/16

03/06/2016

Ovidiu-Mircea BRLEA

1990Timiș County Police Station; Timișoara and Rahova Prisons

22/06/2010 to

20/10/2011

1 year(s) and 3 month(s) and 29 day(s)

Timișoara and Rahova Prisons

27/10/2011 to

31/01/2012

3 month(s) and 5 day(s)

Timișoara, Rahova and Arad Prisons

02/02/2012 to

14/06/2016

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

1.93 - 2.62 m²

overcrowding (except for the period 03/07/2012 - 15/05/2014), passive smoking, bunk beds, lack of privacy for toilet, mouldy or dirty cell, lack of toiletries, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to potable water, poor quality of potable water, inadequate temperature, infestation of cell with insects/rodents

5,000

36316/16

20/09/2016

Costel RADU

1976Stuparu Lucian

Craiova

Craiova, Drobeta-Turnu Severin and Craiova - Pelendava Prisons

13/05/2010 to

16/05/2016

6 year(s) and 4 day(s)

Craiova - Pelendava Prison

01/06/2016 to

19/09/2016

3 month(s) and 19 day(s)

Craiova - Pelendava Prison

06/10/2016 to

20/10/2016

15 day(s)

Craiova - Pelendava Prison

16/02/2017 to

06/03/2017

19 day(s)

0.94 - 2.22 m²

overcrowding (except for the periods 15/02/2014 - 06/03/2014, 05/05/2016 - 16/05/2016, 01/06/2016 - 19/09/2016, 06/10/2016 - 20/10/2016 and 16/02/2017 - 06/03/2017), bunk beds, lack or inadequate furniture, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, poor quality of food, no or restricted access to warm water, mouldy or dirty cell

5,000

38254/16

21/07/2016

Vasile ÃŽMPUÅžCATU

1975Rahova and Jilava Prisons

25/04/2016 to

01/11/2016

6 month(s) and 8 day(s)

Jilava Prison

03/11/2016 to

06/06/2017

7 month(s) and 4 day(s)

1.68 - 2.45 m²

overcrowding (except for the period 10/05/2016 - 17/05/2016), mouldy or dirty cell, poor quality of food, lack of or poor quality of bedding and bed linen, lack of fresh air, poor quality of potable water, infestation of cell with insects/rodents, no or restricted access to shower, inadequate temperature, lack of or restricted access to leisure or educational activities

3,000

40838/16

03/08/2016

Petru DINU

1956Iași, Tulcea, Botoșani and Vaslui Prisons; Constanța - Poarta Albă and Târgu Ocna Prison Hospitals

10/06/2014 to

15/03/2017

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

1.90 - 2.86 m²

overcrowding (except for the periods 08/07/2014 - 22/07/2014, 02/02/2015 - 23/02/2015, 01/10/2015 - 26/10/2015, 05/02/2016 - 12/02/2016, 23/02/2016 - 25/02/2016 and 04/03/2016 - 07/03/2016), lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, mouldy or dirty cell, infestation of cell with insects/rodents, lack of privacy for toilet, poor quality of food, lack of or poor quality of bedding and bed linen

3,000

41518/16

15/09/2016

Dumitru GIURCÄ‚

1987Târgu Jiu and Craiova Prisons

24/04/2015 to

03/10/2017

2 year(s) and 5 month(s) and 10 day(s)

1.45 - 2.58 m²

overcrowding (except for the period 24/04/2015 - 27/04/2015), bunk beds, lack or inadequate furniture, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of toiletries, no or restricted access to shower, lack of privacy for toilet, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of potable water

3,000

44115/16

03/11/2016

Florinel BECHEANU

1986Bucharest Police detention facilities no. 15; Rahova, Mioveni (Colibași) and Giurgiu Prisons

09/12/2011 to

22/11/2012

11 month(s) and 14 day(s)

Giurgiu Prison

27/11/2012 to

17/05/2013

5 month(s) and 21 day(s)

Giurgiu and Craiova Prisons

20/05/2013 to

21/10/2013

5 month(s) and 2 day(s)

Giurgiu Prison

25/10/2013 to

25/02/2014

4 month(s) and 1 day(s)

Giurgiu, Jilava,

Drobeta-Turnu Severin and Drobeta-Turnu Severin - Vânjuleț Exterior Section Prisons

28/02/2014 to

08/06/2017

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

1.11 - 2.89 m²

overcrowding (except for the periods 23/02/2015 - 27/08/2015, 28/07/2016 - 02/09/2016 and 07/04/2017 – 08/06/2017), mouldy or dirty cell, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, infestation of cell with insects/rodents, bunk beds, poor quality of food, poor quality of potable water, inadequate temperature

5,000

46793/16

01/11/2016

Sergiu IACOB

1989Peter Irina Maria

Bucharest

Galați Prison

13/11/2015 to

19/02/2016

3 month(s) and 7 day(s)

Galați and Brăila Prisons

26/02/2016 to

06/12/2016

9 month(s) and 11 day(s)

1.20 - 1.76 m²

overcrowding (except for the period 04/11/2016 - 06/12/2016), bunk beds, no or restricted access to shower, lack of or poor quality of bedding and bed linen, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of toiletries

3,000

46829/16

20/09/2016

Costel CHESARU

1979Peter Irina Maria

Bucharest

Focșani Prison

29/01/2016 to

18/11/2016

9 month(s) and 21 day(s)

1.59 - 2.43 m²

overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, lack of toiletries

1,000

53949/16

29/09/2016

Mitică MANOLE

1964Brăila Prison

29/03/2016 to

11/10/2016

6 month(s) and 13 day(s)

1.25 m²

overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to warm water, lack or inadequate furniture, lack of fresh air, lack of or insufficient natural light, poor quality of food, no or restricted access to toilet

1,000

55554/16

21/11/2016

Petrică PAȘCA

1982Baia Mare Prison

11/12/2015 to

21/12/2016

1 year(s) and 11 day(s)

2.08 - 2.32 m²

overcrowding (save for the period 21/04/2016 - 26/04/2016), passive smoking, poor quality of food, no or restricted access to toilet, no or restricted access to running water, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents

3,000

72771/16

16/01/2017

IonuÈ›-Marius ROGOVEANU

1992Cadar

Andreea-Gabriela

Galați

Constanța - Poarta Albă Prison

29/05/2015 to

03/06/2015

6 day(s)

Constanța - Poarta Albă, Slobozia and Constanța - Poarta Albă - Valu lui Traian Exterior Section Prisons

09/06/2015 to

07/09/2017

2 year(s) and 2 month(s) and 30 day(s)

1.75 - 2.93 m²

overcrowding, infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to shower, no or restricted access to toilet, constant electric light, bunk beds, no or restricted access to running water, lack of or poor quality of bedding and bed linen, inadequate temperature, mouldy or dirty cell, lack of toiletries, poor quality of food, lack of or insufficient physical exercise in fresh air

3,000

6550/17

10/02/2017

Cornel LÄ‚UTARU

1974Dâmbovița County Police Station; Mărgineni, Ploiești, Bucharest - Rahova and Găești Prisons; Bucharest - Rahova and Mioveni (Colibași) Prison Hospitals

21/03/2012 to

28/02/2017

4 year(s) and 11 month(s) and 8 day(s)

1.07 - 2.23 m²

overcrowding (save for the periods 26/08/2013 - 06/09/2013, 04/09/2014 - 11/09/2014 and 22/01/2016 – 28/02/2017), lack or inadequate furniture, no or restricted access to toilet, no or restricted access to shower, lack of fresh air, lack of or insufficient natural light, lack of or insufficient quantity of food, bunk beds, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of toiletries

3,000

19203/17

01/03/2017

Radu-Paul GOȘMAN

1970Nichita-Costescu Cezara-Maria

Timișoara

Timișoara Prison

01/09/2014 to

23/10/2014

1 month(s) and 23 day(s)

Timișoara and Focșani Prisons

27/10/2014 to

02/08/2017

2 year(s) and 9 month(s) and 7 day(s)

1.32 - 2.40 m²

overcrowding, lack of fresh air, lack of or insufficient natural light, constant electric light, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, lack of toiletries, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, infestation of cell with insects/rodents, inadequate temperature, poor quality of food

3,000

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

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CASE OF FĂINIŞ AND OTHERS v. ROMANIA

CASE OF FĂINIŞ AND OTHERS v. ROMANIA

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