Lexploria

FOURTH SECTION

CASE OF SIMION AND OTHERS v. ROMANIA

(Application no. 45802/16 and 21 others â€“

see appended list)

JUDGMENT

STRASBOURG

18 January 2024

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

In the case of Simion and Others v. Romania,

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

Faris VehaboviÄ‡ , President , Anja Seibert-Fohr, Anne Louise Bormann , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 14 December 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 (â€œthe Conventionâ€) on the various dates indicated in the appended table.

2. The Romanian Government (â€œthe Governmentâ€) 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.

THE LAW

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

5. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention.

6 . In applications nos. 11299/17, 61811/17, 55453/18, 27393/19, 52413/19, 64953/19, 4799/20, 5836/20, 6303/20, 7059/20, 7569/20, 8591/20, 21631/20 and 14499/21, 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.

7. 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 DÃ®rjan and Åžtefan v. Romania ((dec.), nos. 14224/15 and 50977/15, Â§Â§ 23 â€‘ 33, 15 April 2020). This remedy was available to the applicants in the applications mentioned in paragraph 6 above, and they were, indeed, afforded adequate redress for certain periods of detention (for details see the appended table).

8. Therefore, the Court accepts the Governmentâ€™s objection and finds that these parts of applications nos. 11299/17, 61811/17, 55453/18, 27393/19, 52413/19, 64953/19, 4799/20, 5836/20, 6303/20, 7059/20, 7569/20, 8591/20, 21631/20 and 14499/21 are incompatible ratione personae with the provisions of the Convention and must be declared inadmissible in accordance with Article 35 Â§Â§ 3 (a) and 4 of the Convention.

9. In addition, the Government argued that all the applicants had failed to exhaust the available effective remedies for the complaints about the inadequate conditions of their detention, as an action in tort was an effective remedy for grievances similar to those of the applicants, allowing them to have the violation of the Convention acknowledged, either explicitly or in substance, and to receive adequate and sufficient compensation at the domestic level, and invited the Court to declare the applications inadmissible.

10. The Court recalls that in Polgar v. Romania , (no. 39412/19, Â§Â§ 94 â€‘ 96, 20 July 2021), it held that an action in tort based on Articles 1349 and 1357 of the Romanian Civil Code, as interpreted consistently by the national courts, had represented since 13 January 2021 an effective remedy for individuals who considered that they had been subjected to inadequate conditions of detention and who were no longer held in conditions that were allegedly contrary to the Convention (see also Vlad v. Romania , (dec.), no. 122/17, Â§Â§ 30 â€‘ 33, 15 November 2022).

11. However, in the case at hand, all the applicants either ceased to be held in conditions that were allegedly contrary to the Convention before 13 January 2021 or continue to be held in allegedly poor conditions. Therefore, the Court dismisses the Governmentâ€™s objection as to the non â€‘ exhaustion of domestic remedies and finds that the applicants did not have at their disposal an effective domestic remedy for their grievances considering their situations.

12. Turning to the remaining periods of the applicantsâ€™ detention as specified in the appended table, the Court notes that the applicants were kept in detention in poor conditions. The details of the applicantsâ€™ detention are indicated in the appended table. The Court refers to the principles established in its case â€‘ law regarding inadequate conditions of detention (see, for instance, MurÅ¡iÄ‡ v. Croatia [GC], no. 7334/13, Â§Â§ 96 â€‘ 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 â€œdegradingâ€ from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see MurÅ¡iÄ‡ , cited above, Â§Â§ 122-41, and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, Â§Â§ 149 â€‘ 59, 10 January 2012).

13. 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.

14. 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 â€‘ law on the subject, the Court considers that in the instant case the applicantsâ€™ conditions of detention during the periods specified in the appended table were inadequate.

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

16. In applications nos. 45802/16, 11299/17 and 23522/17, the applicants also raised additional complaints under Article 3 of the Convention related to the conditions of their detention during other periods.

17. 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.

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

18. Regard being had to the documents in its possession and to its case â€‘ 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 18 January 2024, pursuant to Rule 77 Â§Â§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Faris VehaboviÄ‡ 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

Applicantâ€™s name

Year of birth

Representativeâ€™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 â€‘ pecuniary damage and costs and expenses per applicant

(in euros) [1]

45802/16

22/08/2016

Fane

SIMION

1969

Giurgiu and Jilava Prisons;

Rahova Hospital Prison

06/11/2009 to

23/07/2012

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

2.90 mÂ²

overcrowding (save for 17/08/2009-24/08/2009, 10/11/2009-01/12/2009 and 03/02/2010-15/02/2010), poor quality of potable water, poor quality of food, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen

3,000

54061/16

07/09/2016

Venera â€‘ Elena

VINTILÄ‚

1983

Arad and TÃ¢rgÅŸor Prisons;

Jilava Hospital Prison

18/02/2014 to

05/07/2016

2 year(s) and 4 month(s) and 18 day(s)

2.27-2.79 mÂ²

overcrowding (save for 08/04/2014-06/01/2015, 22/05/2015-02/06/2015, 11/06/2015-18/06/2015, 18/09/2015-24/09/2015), lack of fresh air, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to warm water

3,000

68854/16

27/12/2016

Horia

PÄ‚TRAÅžCU

1967

Poarta AlbÄƒ, MÄƒrgineni, Gherla and PloieÅŸti Prisons

25/07/2007 to

23/07/2012

4 year(s) and 11 month(s) and 29 day(s)

Tulcea Prison

21/01/2020 to

21/02/2020

1 month(s) and 1 day(s)

1.72-2.58 mÂ²

2.57 mÂ²

overcrowding (save for 04/12/2007-09/04/2009), infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, no or restricted access to shower, lack or inadequate furniture, mouldy or dirty cell

5,000

11299/17

28/02/2017

Dumitru

CREÅ¢AN

1973

Jilava, TÃ¢rgu Jiu and BÃ¢rcea Mare Prisons

27/07/2011 to

23/07/2012

11 month(s) and 27 day(s)

1.00-1.66 mÂ²

overcrowding, bunk beds, insufficient number of sleeping places, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen

384 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 15/12/2017

1,000

21633/17

24/04/2017

Gheorghe

REBECA

1976

Aiud and Miercurea Ciuc Prisons

01/01/2020

pending

More than 3 year(s) and 5 month(s) and 6 day(s)

2.34-2.99 mÂ²

overcrowding (save for 01/01/2020-29/08/2020), infestation of cell with insects/rodents, inadequate temperature, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack or inadequate furniture, mouldy or dirty cell

3,000

23522/17

14/04/2017

Åžtefan

BARCSA

1978

TÃ¢rgu MureÅŸ Prison

21/05/2020

pending

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

2.09-2.87 mÂ²

overcrowding (save for 09/09/2020-29/08/2021), bunk beds, lack of fresh air, lack of or insufficient physical exercise in fresh air, inadequate temperature, mouldy or dirty cell, infestation of cell with insects/rodents

3,000

61811/17

18/08/2017

Jozsef

HENDRE

1970

Satu Mare Prison

23/12/2019

pending

More than 3 year(s) and 5 month(s) and 9 day(s)

2.03-2.60 mÂ²

overcrowding, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, mouldy or dirty cell

42 days for a total period of detention spent in inadequate conditions from 17/05/2019 to 22/12/2019

3,000

55453/18

04/01/2019

Åžtefan

ALEXANDRU

1967

GalaÈ›i Prison

23/12/2019 to

08/01/2020

17 day(s)

GalaÈ›i Prison

17/01/2020 to

07/09/2020

7 month(s) and 22 day(s)

2.25 mÂ²

overcrowding (save for 23/12/2019-30/06/2020), poor quality of potable water, poor quality of food, no or restricted access to warm water, lack of or restricted access to leisure or educational activities, lack of or insufficient natural light, lack of fresh air, mouldy or dirty cell

210 days in compensation for a total period of detention spent in inadequate conditions from 26/11/2016 to 22/12/2019

1,000

27393/19

03/07/2019

Anton

ROJA

1965

Baia Mare Prison

23/12/2019 to

08/09/2020

8 month(s) and 17 day(s)

2.23-2.37 mÂ²

overcrowding, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack of or restricted access to leisure or educational activities, lack of or insufficient natural light

120 days in compensation for a total period of detention spent in inadequate conditions from 16/04/2018 to 22/12/2019

1,000

52413/19

24/03/2020

Raul â€‘ Cosmin

STUPARU

1995

Maria â€‘ Teodora

Pop

Oradea

Satu Mare Prison

23/12/2019 to

20/05/2020

4 month(s) and 28 day(s)

2.03 mÂ²

overcrowding, lack of or insufficient quantity of food, poor quality of food, inadequate temperature, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities, mouldy or dirty cell

78 days in compensation for a total period of detention spent in inadequate conditions from 15/01/2019 to 22/12/2019

1,000

64953/19

12/02/2020

Alen â€‘ Daniel

MOISIN

1977

MÄƒrgineni, Miercurea Ciuc, Gherla and Aiud Prisons

23/12/2019

pending

More than 3 year(s) and 9 month(s) and 14 day(s)

-

no or restricted access to shower, inadequate temperature, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, bunk beds

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

3,000

4799/20

25/02/2020

Nicolae

STOICA

1987

Rahova and Slobozia Prisons

23/12/2019 to

11/03/2020

2 month(s) and 18 day(s)

Rahova and Slobozia Prisons

17/03/2020 to

05/10/2020

6 month(s) and 19 day(s)

-

overcrowding (save for 23/12/2019-11/03/2020, 17/03/2020-05/10/2020), poor quality of food, poor quality of potable water, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or insufficient natural light, lack or inadequate furniture, lack of or restricted access to leisure or educational activities

18 days in compensation for a total period of detention spent in inadequate conditions from 05/09/2019 to 22/12/2019

1,000

5836/20

24/12/2019

Crinu â€‘ IonuÅ£

COÅžCODARU

1993

Daniel

Å¢ugneanu

BerbeÅŸti

MÄƒrgineni and Mioveni Prisons; Mioveni Hospital Prison

23/12/2019 to

30/06/2020

6 month(s) and 8 day(s)

1.33-2.11 mÂ²

overcrowding (save for 23/12/2019-03/02/2020; 24/02/2020-02/03/2020), bunk beds, insufficient number of sleeping places, lack or inadequate furniture, no or restricted access to warm water, poor quality of food, no or restricted access to shower, infestation of cell with insects/rodents

162 days in compensation for a total period of detention spent in inadequate conditions from 30/05/2017 to 22/12/2019

1,000

6303/20

14/02/2020

Constantin â€‘ Traian

OPREA

1995

Maria

BerhÄƒ

BuzÄƒu

FocÈ™ani Prison

23/12/2019

pending

More than 3 year(s) and 9 month(s) and 14 day(s)

2.1-2.2 mÂ²

overcrowding, lack of or insufficient quantity of food, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities, lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, poor quality of food

84 days in compensation for a total period of detention spent in inadequate conditions from 04/09/2018 to 22/12/2019

3,000

7059/20

06/03/2020

Gheorghe Marin

FIERARU

1980

GÄƒeÈ™ti Prison

23/12/2019 to

02/07/2020

6 month(s) and 10 day(s)

GÄƒeÈ™ti Prison

10/07/2020 to

19/08/2020

1 month(s) and 10 day(s)

2.78 mÂ²

overcrowding (save for 23/12/2019-07/02/2020, 14/04/2020-19/08/2020), mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to potable water, lack of or insufficient natural light

66 days in compensation for a total period of detention spent in inadequate conditions from 21/01/2019 to 22/12/2019

1,000

7569/20

25/02/2020

Adrian

IVAÅžCU

1987

Craiova Prison

23/12/2019 to

13/10/2020

9 month(s) and 21 day(s)

Craiova Prison

29/01/2021

pending

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

2.01-2.06 mÂ²

overcrowding, bunk beds, lack of privacy for toilet, lack or inadequate furniture, poor quality of food, lack of or insufficient quantity of food, infestation of cell with insects/rodents

540 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 22/12/2019, including the communicated period of 19/12/2019 to 22/12/2019

3,000

7575/20

27/02/2020

Marcel

MIHAI

1960

Mioveni Prison

25/06/2019 to

20/01/2020

6 month(s) and 27 day(s)

Mioveni Prison

19/02/2020 to

06/08/2020

5 month(s) and 19 day(s)

2.59-2.88 mÂ²

overcrowding (save for 16/06/2020-17/06/2020), lack of fresh air, lack of or insufficient natural light, mouldy or dirty cell, poor quality of food

3,000

8591/20

27/01/2020

George Åžtefan

CEAUÅžU

1984

GÄƒeÈ™ti, Codlea and PloieÈ™ti Prisons

23/12/2019 to

25/11/2020

11 month(s) and 3 day(s)

2.1-2.64 mÂ²

overcrowding (save for 23/12/2019-31/01/2020, 13/02/2020-02/06/2020, 25/08/2020-04/09/2020), infestation of cell with insects/rodents, mouldy or dirty cell, poor quality of food, no or restricted access to shower, poor quality of potable water

186 days in compensation for a total period of detention spent in inadequate conditions from 27/02/2017 to 22/12/2019

1,000

9810/20

06/03/2020

DÄƒnuÅ£

CÄ‚LIN

1984

Craiova Prison

19/12/2019

pending

More than 3 year(s) and 9 month(s) and 18 day(s)

2.01-2.40 mÂ²

overcrowding, bunk beds, inadequate temperature, mouldy or dirty cell, lack or inadequate furniture, poor quality of food, lack of or insufficient quantity of food

3,000

21631/20

11/05/2020

Ioan â€‘ Dorin

VLASIN

1981

Gherla Prison

24/12/2019 to

14/07/2020

6 month(s) and 22 day(s)

2.85 mÂ²

overcrowding (save for 23/12/2019-15/06/2020), lack of or insufficient physical exercise in fresh air, poor quality of food, lack of requisite medical assistance, lack of or restricted access to leisure or educational activities

216 days in compensation for a total period of detention spent in inadequate conditions from 19/11/2016 to 23/12/2019, including the communicated period of 20/12/2019-23/12/2019

1,000

2820/21

05/02/2021

Elvis

TURCA

1984

MÄƒrgineni Prison

18/09/2020 to

29/10/2021

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

PloieÅŸti Prison

29/07/2022

pending

More than 1 year(s) and 1 month(s) and 25 day(s)

(the applicant continued being detained in another detention facility between 29/10/2021 and 29/07/2022, in the conditions which are not the subject of the present application)

1.54-2.24 mÂ²

overcrowding (save for 18/09/2020-07/10/2020, 04/02/2021-11/02/2021, 16/09/2021-29/10/2021), no or restricted access to warm water, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, bunk beds, lack or inadequate furniture, inadequate temperature

3,000

14499/21

13/04/2021

SÃ¡ndor

VASZI

1976

Veronika

Vaszi

SÃ¢ntimbru

Gherla and Miercurea Ciuc Prisons

23/12/2019

pending

More than 3 year(s) and 10 month(s) and 1 day(s)

2.07-2.82 mÂ²

overcrowding (save for 17/08/2020-23/11/2020, 17/12/2020-31/12/2020, 01/11/2022-13/06/2023), lack of or insufficient natural light, no or restricted access to warm water, infestation of cell with insects/rodents, poor quality of food, mouldy or dirty cell

306 days in compensation for a total period of detention spent in inadequate conditions from 12/06/2015 to 22/12/2019, including the communicated period of 19/12/2019-22/12/2019

3,000

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

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CASE OF SIMION AND OTHERS v. ROMANIA

CASE OF SIMION AND OTHERS v. ROMANIA

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