Lexploria

FOURTH SECTION

CASE OF VELICI AND OTHERS v. ROMANIA

(Applications nos. 9302/16 and 16 others –

see appended list)

JUDGMENT

STRASBOURG

2 March 2023

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

In the case of Velici 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 2 February 2023,

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. As regards the admissibility of applications nos. 13704/16, 22205/16, 30478/16, 43698/16 and 49354/16, the Government raised a preliminary objection concerning the loss of victim status by the applicants for certain periods of detention specified in the appended table because they had been 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 these 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. 13704/16, 22205/16, 30478/16, 43698/16 and 49354/16 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. The Court further notes that for the remaining periods of detention the applicants were kept 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, 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 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 as described in the appended table, were inadequate.

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

14. In applications nos. 27255/16, 30478/16 and 38527/16, the applicants also raised other complaints under Article 3 of the Convention.

15. The Court has examined these complaints 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, cited above), the Court considers it reasonable to award the sums indicated in the appended table.

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 2 March 2023, 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]

9302/16

14/06/2016

Gelu VELICI

1970Arad Prison

02/10/2014 to

23/02/2018

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

-

overcrowding, poor quality of food, lack of or insufficient quantity of food, ack of fresh air, lack of or insufficient natural light

3,000

13704/16

24/03/2016

Robert BULGARU

1978Tulcea County Police Station; Constanta Poarta Albă, Tulcea and Jilava Prisons

21/06/2004 to

23/07/2012

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

Constanta Poarta Albă, Tulcea and Jilava Prisons.

24/12/2019

pending

More than 2 year(s) and 11 month(s) and 23 day(s)

1.3-3 m²

overcrowding, (save for the period between 01/01/2012 ‑ 23/07/2012), lack of fresh air, lack of or insufficient natural light, poor quality of food

534 days in compensation for the period of detention spent in inadequate conditions between 24/07/2012 ‑ 23/12/2019 in ConstanÈ›a Poarta Albă, Tulcea and Jilava Prisons

5,000

22205/16

24/06/2016

Sorin MUNTEANU

1977Irina Maria Peter

Bucharest

Aiud Prison.

25/08/2021

pending

More than 1 year(s) and 3 month(s) and 23 day(s)

2.5 m²

overcrowding, insufficient sanitary facilities, insects, lack of fresh air and natural light, poor quality of food, lack of furniture

174 days in compensation for a total period spent in detention in inadequate conditions from 28/01/2016 to 13/12/2018 in the Sibiu Police Inspectorate and the Aiud Prison

3,000

25198/16

29/08/2016

Ion-Mircea FORLAFU

1980Craiova, Drobeta Turnu Severin and Târgu-Jiu Prisons

13/05/2015 to

03/10/2017

2 year(s) and 4 month(s) and 21 day(s)

-

overcrowding, poor quality of food, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents

3,000

26054/16

30/05/2016

Adrian-Iosif BODNARIUC

1988Bistriţa County Police Station, Gherla and Bistriţa Prisons

10/11/2014 to

03/08/2017

2 year(s) and 8 month(s) and 25 day(s)

-

overcrowding, (save for the periods between 22/09/2015 ‑ 12/10/2015 and 20/03/2017 ‑ 03/08/2017), lack or inadequate furniture, infestation of cell with insects/rodents, lack of fresh air, poor quality of food

3,000

27255/16

13/06/2016

Gabriel-Renato SEFER

1983Ana Maria Loredana Ciobotaru

Galati

Galaţi Prison

31/07/2015 to

11/10/2016

1 year(s) and 2 month(s) and 12 day(s)

Galati Prison.

21/10/2016 to

03/05/2017

6 month(s) and 13 day(s)

-

overcrowding, lack of or inadequate hygienic facilities, lack or inadequate furniture, mouldy or dirty cell

3,000

30478/16

24/05/2016

Lorant-Robert LUCACIU

1974Vasile RareÅŸ Biro

Satu Mare

Satu Mare Prison.

24/12/2019 to

15/04/2020

3 month(s) and 23 day(s)

-

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

534 days in compensation for a total period of 2,685 days spent in detention in inadequate conditions from 26/09/2014 to 23/12/2019 in Oradea and Satu Mare Prisons.

1,000

31739/16

12/07/2016

Marin LASCARACHE

1972Bucharest Police detention facility no. 13; Rahova and Jilava Prisons

08/10/2014 to

12/07/2016

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

-

overcrowding, mouldy or dirty cell, poor quality of food, lack of fresh air, lack of or inadequate hygienic facilities, cold cells

3,000

38510/16

28/07/2016

Vasile CORNEA

1978Irina Maria Peter

Bucharest

Bucharest detention facility no. 19; Rahova, Jilava and Giurgiu Prisons

13/02/2015 to

11/08/2017

2 year(s) and 5 month(s) and 30 day(s)

-

overcrowding, (save for the periods between 05/11/2015 ‑ 13/12/2015; 16/12/2015 ‑ 17/12/2015; 18/12/2015 ‑ 03/02/2016; 04/02/2016 ‑ 12/07/2016; 13/07/2016 ‑ 11/08/2017), lack of or insufficient natural light, poor quality of food, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities

3,000

38527/16

20/02/2017

Marian-Mădălin ALBU

1982Mărgineni, Ploiești and Găești Prisons; Colibași and Jilava Prison Hospitals

08/10/2015 to

22/08/2017

1 year(s) and 10 month(s) and 15 day(s)

-

overcrowding

(save for the periods 14/06/2016 ‑ 11/07/2016 and 18/07/2016 ‑ 22/08/2017), mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, lack of or insufficient natural light

3,000

42191/16

04/08/2016

Gabriel TUCA

1974Vaslui County Police Station; Iași and Vaslui Prisons

06/07/2013 to

06/12/2016

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

1.23-2.5 m²

overcrowding, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food

3,000

43698/16

21/07/2016

Neculai MOCANU

1975Ionela Mărgărit

Bucharest

Galati Prison

11/09/2020

pending

More than 2 year(s) and 3 month(s) and 6 day(s)

-

overcrowding, poor quality of food/water, bunk beds, small courtyard, insects, inadequate sanitary facilities, lack of fresh air, dirty and mouldy cell

504 days in compensation for a total period of 2,534 days spent in inadequate conditions from 24/12/2012 and 23/12/2019.

3,000

49354/16

14/10/2016

Paul SAMFIESCU

1983Arad Prison

04/02/2015 to

26/05/2016

1 year(s) and 3 month(s) and 23 day(s)

-

lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, lack or inadequate furniture

138 days in compensation for a total period of 713 days spent in inadequate conditions between 31/05/2014 ‑ 04/02/2015 and 26/05/2016 ‑ 24/10/2017 in TimiÅŸ County Police Inspectorate and in TimiÅŸoara Prison.

3,000

55775/16

10/10/2016

Marius BLĂNIȚĂ

1977Vaslui Prison.

23/12/2019 to

03/03/2021

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

Vaslui Prison.

08/04/2021

pending

More than 1 year(s) and 8 month(s) and 9 day(s)

-

overcrowding, no or restricted access to toilet, mouldy or dirty cell, lack or inadequate furniture, bunk beds, infestation of cell with insects/rodents

3,000

62794/16

27/12/2016

Ionuţ CĂMEŞOI

1990Bacău County Police Station; Bacău, Iași, Vaslui and Gaești Prisons

17/03/2012 to

08/02/2017

4 year(s) and 10 month(s) and 23 day(s)

-

overcrowding, (save for the period between 09/10/2012 ‑ 18/10/2012), lack of fresh air, mouldy or dirty cell, infestation of cells with insects

5,000

64931/16

04/01/2017

Alin-Gabriel GROZA

1982Emil Ioan Cristea

Curtici

Arad and Timisoara Prisons.

06/10/2015 to

15/05/2017

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

Timisoara Prison

29/05/2017 to

15/06/2017

18 day(s)

Timisoara Prison

26/06/2017 to

06/07/2017

11 day(s)

-

overcrowding, (save for the periods between 06/10/2015-27/10/2015; 29/10/2015-19/05/2016), lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of toiletries

3,000

54324/17

11/09/2017

Alin Remus HARÅ¢

1982Arad Prison

25/05/2016 to

06/10/2016

4 month(s) and 12 day(s)

Timișoara Prison

23/12/2019 to

05/10/2020

9 month(s) and 13 day(s)

2-2.5 m²

overcrowding, lack of or inadequate hygienic facilities, poor quality of food, infestation of cell with insects/rodents

3,000

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

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CASE OF VELICI AND OTHERS v. ROMANIA

CASE OF VELICI AND OTHERS v. ROMANIA

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