Lexploria

FOURTH SECTION

CASE OF GORUN AND OTHERS v. ROMANIA

(Application no. 39346/16 and 27 others –

see appended list)

JUDGMENT

STRASBOURG

15 December 2022

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

In the case of Gorun and Others v. Romania,

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

Armen Harutyunyan , President , Anja Seibert-Fohr, Ana Maria Guerra Martins , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 24 November 2022,

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:

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

7. In applications nos. 45061/16, 45513/16, 47685/16, 52803/19, 59672/19, 60619/19, 3472/20, 9655/20, 14289/20, 17496/20, 19235/20, 21541/20, 21727/20, 21889/20, 28390/20 and 38212/20, the Government raised a preliminary objection concerning the loss of victim status by the applicants for the periods of detention specified in the appended table because they were afforded adequate redress based on Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences for those specific periods of detention.

8. The Court notes that the domestic remedy introduced in respect of inadequate conditions of detention in Romania and applicable until December 2019 was held to be an effective one in the case of Dîrjan and Ştefan v. Romania ((dec.), nos. 14224/15 and 50977/15, §§ 23-33, 15 April 2020). This remedy was available to the applicants in the present applications, and they were, indeed, afforded adequate redress for certain periods of detention (for details see the appended table).

9. Therefore, the Court accepts the Government’s objection and finds that these parts of applications nos. 45061/16, 45513/16, 47685/16, 52803/19, 59672/19, 60619/19, 3472/20, 9655/20, 14289/20, 17496/20, 19235/20, 21541/20, 21727/20, 21889/20, 28390/20 and 38212/20 are incompatible ratione personae with the provisions of the Convention and must be declared inadmissible in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

10. Turning to the remaining periods of the applicants’ detention as specified in the appended table, 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).

11. 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.

12. 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 for the periods specified in the table appended below were inadequate.

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

14. In applications nos. 39346/16, 42448/16, 45061/16, 3887/17, 9655/20, 14289/20, 17496/20 and 38212/20, the applicants also raised other complaints under Article 3 of the Convention.

15. 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.

16. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

17. 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.”

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

19. 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 15 December 2022, 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

Domestic compensation awarded

(in days)

based on total period calculated by national authorities

Amount awarded for

pecuniary and non ‑ pecuniary damage

and costs and expenses per

applicant (in euros) [1]

39346/16

27/07/2016

Ion GORUN

1968Colibaşi and Târgu Jiu Prisons

26/03/2014 to

08/11/2016

2 year(s) and 7 month(s) and 14 day(s)

1.64-2.94 m²

overcrowding (save for 23/10/2014), lack or inadequate furniture, bunk beds, infestation of cell with insects/rodents, mouldy or dirty cell

3,000

42448/16

06/09/2016

Florin ZAHARIA

1967Craiova, ColibaÅŸi and Pelendava Prisons

06/08/2014 to

03/05/2017

2 year(s) and 8 month(s) and 28 day(s)

1.72-2.24 m²

overcrowding (save for 23/12/2016-03/05/2017), no or restricted access to warm water, infestation of cell with insects/rodents, poor quality of food

3,000

45061/16

26/07/2016

Adi-Relu ZLATE

1987Mărgărit Ionela

Bucharest

Galaţi Prison

20/07/2011 to

23/07/2012

1 year(s) and 4 day(s)

1.05-1.63 m²

overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, poor quality of potable water

378 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 07/11/2017

3,000

45513/16

18/10/2016

Mircea-Victorian COTÎRŢĂ

1964MehedinÅ£i County Police Station, Jilava Hospital Prison, Drobeta ‑ Turnu Severin and Craiova Prisons

16/01/2012 to

23/07/2012

6 month(s) and 8 day(s)

1.21-1.96 m²

overcrowding (save for 16/01/2012-19/04/2012), bunk beds, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, inadequate temperature

306 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 06/11/2018

1,000

54048/16

08/09/2016

Andrei-Gabriel NICULAE

1964Poarta Albă Prison (including Valu lui Traian Prison)

27/01/2014 to

22/04/2016

2 year(s) and 2 month(s) and 27 day(s)

2 m²

overcrowding (save for 31/01/2014-24/02/2014; 09/09/2014-18/04/2016), lack of or poor quality of bedding and bed linen, mouldy or dirty cell, poor quality of potable water, inadequate temperature

3,000

54641/16

17/10/2016

Constantin ALEXE

1977Rahova and Codlea Prisons

09/02/2016 to

17/01/2017

11 month(s) and 9 day(s)

1.02-2.44 m²

overcrowding, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of or insufficient quantity of food

1,000

64326/16

08/12/2016

Sorin Åžtefan BERARU

1992Beraru Veronica

Bucharest

Bucharest General Police Inspectorate; Rahova, Giurgiu and Drobeta ‑ Turnu Severin Prisons

05/06/2014 to

06/02/2017

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

1.95-2.90 m²

overcrowding, bunk beds, no or restricted access to warm water, lack of fresh air, inadequate temperature

3,000

66465/16

20/01/2017

Ioan STOIAN

1944Vaslui County Prison Section; Rahova, IaÅŸi and Vaslui Prisons

08/05/2009 to

23/07/2012

3 year(s) and 2 month(s) and 16 day(s)

1.29-2.62 m²

overcrowding, no or restricted access to toilet, lack of fresh air, lack or inadequate furniture, no or restricted access to shower

3,000

3887/17

03/01/2017

Norbert-Arnold MEGYESI

1990Biro Vasile RareÅŸ

Satu Mare

Satu Mare Prison

12/07/2016 to

11/07/2017

1 year(s)

2.29 m²

overcrowding, bunk beds, lack or inadequate furniture, lack of fresh air, lack of or poor quality of bedding and bed linen

1,000

7093/17

07/03/2017

Ion STOICA

1957Prahova County Police Station; Mărgineni, Ploieşti, Jilava and Rahova Prisons; Jilava, Mioveni and Dej Hospital Prisons

30/09/1998 to

23/07/2012

13 year(s) and 9 month(s) and 24 day(s)

0.87-2.22 m²

overcrowding, lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to shower, infestation of cell with insects/rodents

5,000

30658/17

10/04/2017

Gheorghe BUGA

1962Codlea Prison

27/09/2015 to

22/02/2017

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

2.11-2.96 m²

overcrowding (save for 26/09/2016-21/02/2017), lack or inadequate furniture, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack of fresh air

3,000

47685/19

30/09/2019

Dumitru BUZATA

1986Craiova Prison

23/12/2019

pending

More than 2 year(s) and 9 month(s) and 12 day(s)

overcrowding (save for 23/12/2019 to 21/12/2020), no or restricted access to warm water, no or restricted access to running water, poor quality of food, lack of or restricted access to leisure or educational activities

390 days in compensation for a total period of detention spent in inadequate conditions from 06/11/2013 to 22/12/2019

3,000

52803/19

08/11/2019

Radu COSTEA

1974Costea Augustina

Nicolae Titulescu

Drobeta ‑ Turnu Severin Prison

23/12/2019 to

20/03/2020

2 month(s) and 27 day(s)

overcrowding (save for 23/12/2019-20/03/2020), lack of or insufficient quantity of food, poor quality of food, infestation of cell with insects/rodents

120 days in compensation for a total period of detention spent in inadequate conditions from 20/02/2018 to 22/12/2019

1,000

59672/19

02/12/2019

Mihai APOSTOL

1970Găeşti Prison

23/12/2019

pending

More than 2 year(s) and 9 month(s) and 12 day(s)

overcrowding (save for 23/12/2019 to 21/12/2020), lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, mouldy or dirty cell

432 days in compensation for a total period of detention spent in inadequate conditions from 08/10/2013 to 22/12/2019

3,000

60619/19

11/12/2019

Florin URZICÄ‚

1969Jilava Prison

23/12/2019 to

06/09/2020

8 month(s) and 15 day(s)

Jilava Prison

04/11/2020 to

24/11/2020

21 day(s)

1.93-2.87 m²

2.55 m²

overcrowding (save for 21/08/2020-06/09/2020), lack of or poor quality of bedding and bed linen, mouldy or dirty cell, poor quality of food

overcrowding (save for 04/11/2020-17/11/2020), mouldy or dirty cell, poor quality of food, lack of or poor quality of bedding and bed linen

132 days in compensation for a total period of detention spent in inadequate conditions from 04/01/2018 to 22/12/2019

1,000

3472/20

04/05/2020

Levente DERZSI

1989Codlea Prison

23/12/2019 to

25/06/2020

6 month(s) and 3 day(s)

1.77-2.71 m²

overcrowding, poor quality of food, lack or inadequate furniture, lack of or restricted access to leisure or educational activities, mouldy or dirty cell

108 days in compensation for a total period of detention spent in inadequate conditions from 24/12/2016 to 09/12/2017 and from 07/06/2019 to 22/12/2019

1,000

9655/20

22/05/2020

Eugen ÅžERBAN

1957Mioveni Prison

23/12/2019 to

18/12/2020

11 month(s) and 26 day(s)

Mioveni and Târgu Jiu Prisons

19/01/2021

to 06/10/2022

1 year(s) and 8 month(s) and 18 day(s)

1.92-2.57 m²

overcrowding (save for 23/12/2019-14/10/2020; 16/12/2020-18/12/2020), no or restricted access to warm water, constant electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, mouldy or dirty cell

528 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 22/12/2019

3,000

10831/20

06/02/2020

Vasile COVACIU

1979Trif Nicoleta

Arad

Arad Police Inspectorate, Arad, Rahova and Colibași Prisons, Dej Hospital Prison

23/08/2011 to

08/03/2017

5 year(s) and 6 month(s) and 14 day(s)

2.41-2.45 m²

overcrowding (save for 23/08/2011-07/05/2012; 07/06/2012-14/06/2012; 23/07/2012-08/03/2017), lack of or insufficient natural light, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen

5,000

14289/20

27/07/2020

Ovidiu POPA

1982BotoÅŸani and IaÅŸi Prisons

23/12/2019 to

03/02/2021

1 year(s) and 1 month(s) and 12 day(s)

2.41-2.85 m²

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

492 days in compensation for a total period of detention spent in inadequate conditions from 29/03/2013 to 22/12/2019

3,000

15715/20

15/05/2020

Costel-Vasile TOFAN

1988Bacău and Gherla Prisons

23/12/2019 to

29/06/2021

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

1.55-2.85 m²

overcrowding (save for 13/02/2020-05/06/2020), poor quality of food, lack of or insufficient quantity of food, lack of or restricted access to leisure or educational activities, no or restricted access to warm water

3,000

17496/20

23/05/2020

Constantin RADU

1973PloieÅŸti Prison

23/12/2019

pending

More than 2 year(s) and 9 month(s) and 13 day(s)

2.24-2.25 m²

overcrowding (save for 19/08/2020-09/02/2021), no or restricted access to warm water, poor quality of food, lack of fresh air, lack of or restricted access to leisure or educational activities

366 days in compensation for a total period of detention spent in inadequate conditions from 27/11/2014 to 22/12/2019

3,000

18822/20

07/07/2020

IonuÈ›-Ciprian HANACHIUC

1981BotoÅŸani Prison

09/10/2019 to

27/05/2020

7 month(s) and 18 day(s)

18/06/2020 to

24/06/2022

2 year(s) and 7 day(s)

2.85 m²

overcrowding (save for 18/06/2020-06/08/2020), poor quality of food, lack of or restricted access to leisure or educational activities, no or restricted access to warm water, mouldy or dirty cell, lack of or inadequate hygienic facilities

3,000

19235/20

25/08/2020

Paul Marin BOLDI

1988Bistriţa Prison

23/12/2019

pending

More than 2 year(s) and 9 month(s) and 11 day(s)

2.63-2.91 m²

overcrowding, mouldy or dirty cell, lack of fresh air, no or restricted access to warm water, poor quality of potable water

174 days in compensation for a total period of detention spent in inadequate conditions

from 23/06/2017 to 22/12/2019

3,000

21541/20

23/07/2020

Augustin MOLDOVAN

1990Baia Mare and Gherla Prisons

22/12/2019

pending

More than 3 year(s) and 4 month(s) and 24 day(s)

2.21-2.86 m²

overcrowding (save for 05/08/2020-07/08/2020), poor quality of food, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light

42 days in compensation for a total period of detention spent in inadequate conditions from 15/05/2019 to 22/12/2019

3,000

21727/20

04/08/2020

Constantin ALEXANDRU

1981Gherla Prison, Dej Hospital Prison

23/12/2019 to

20/07/2020

6 month(s) and 28 day(s)

2.58-2.74 m²

overcrowding (save for 13/01/2020-20/07/2020), infestation of cell with insects/rodents, poor quality of food, mouldy or dirty cell, lack of or inadequate hygienic facilities

414 days in compensation for a total period of detention spent in inadequate conditions from 19/12/2013 to 22/12/2019

1,000

21889/20

22/07/2020

Ionuţ Eugen OPINCARU

1995Craiova Prison

23/12/2019 to

12/03/2020

2 month(s) and 19 day(s)

Craiova Prison

16/04/2020 to

23/12/2020

8 month(s) and 8 day(s)

2.75 m²

2.41-2.97 m²

overcrowding, mouldy or dirty cell, lack or inadequate furniture, poor quality of food, infestation of cell with insects/rodents

overcrowding (save for 21/04/2020-30/04/2020; 01/07/2020-03/07/2020; 17/09/2020-23/12/2020), infestation of cell with insects/rodents, mouldy or dirty cell, poor quality of food, lack or inadequate furniture

192 days in compensation for a total period of detention spent in inadequate conditions from 14/02/2017 to 23/12/2019

1,000

28390/20

17/08/2020

Florin OPREA

1986Jilava Prison

23/12/2019 to

28/08/2020

8 month(s) and 6 day(s)

Giurgiu Prison

08/02/2022

pending

More than 7 month(s) and 26 day(s)

1.93-2.83 m²

overcrowding (save for 12/02/2020-26/02/2020, 17/06/2020-19/06/2020, 23/07/2020-28/08/2020), infestation of cell with insects/rodents, poor quality of potable water, lack of or inadequate hygienic facilities

402 days in compensation for a total period of detention spent in inadequate conditions from 25/04/2014 to 22/12/2019

3,000

38212/20

19/08/2020

Petru Constantin GHIRA

1988Codlea Prison

03/03/2020

pending

More than 2 year(s) and 7 month(s) and 3 day(s)

1.93-2.58 m²

overcrowding, no or restricted access to warm water, infestation of cell with insects/rodents, mouldy or dirty cell, poor quality of food

534 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 22/12/2019

3,000

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

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CASE OF GORUN AND OTHERS v. ROMANIA

CASE OF GORUN AND OTHERS v. ROMANIA

LEXI