Last Updated on January 14, 2022 by LawEuro
The applicants complained of the inadequate conditions of their detention.
FOURTH SECTION
CASE OF DIȚĂ AND OTHERS v. ROMANIA
(Application no. 23712/16 and 18 others – see appended list)
JUDGMENT
STRASBOURG
13 January 2022
This judgment is final but it may be subject to editorial revision.
In the case of Diță 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 9 December 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
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
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, Muršić 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 Muršić, 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 Rezmiveș 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.
III. REMAINING COMPLAINTS
11. In applications nos. 23712/16, 27236/16, 42903/16, 46462/17, 47340/17 and 74892/17 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.
IV. APPLICATION OF ARTICLE 41 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, Rezmiveș and Others, cited above), the Court considers it reasonable to award the sums indicated in the appended table.
15. 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,
1. Decides to join the applications;
2. Declares the complaints concerning the inadequate conditions of detention, as specified in the appended table, admissible, and the remainder of the applications inadmissible;
3. Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention;
4. Holds
(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 13 January 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 | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1] |
| 1. | 23712/16
26/05/2016
|
Sorinel DIȚĂ
1969 |
|
Pelendava and Drobeta Turnu Severin Prisons
02/04/2015 to 06/03/2017 1 year(s) and 11 month(s) and 5 day(s) |
1.40-2.47 m² | overcrowding, lack or inadequate furniture, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, inadequate temperature | 3,000 |
| 2. | 27236/16
13/09/2016 |
Gabriel Florentin CRISTACHE
1979 |
Irina Maria Peter Bucharest |
Ploiești Prison
08/12/2015 to 28/04/2016 4 month(s) and 21 day(s) |
1.52-2.11 m² | overcrowding, bunk beds, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of or restricted access to leisure or educational activities, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to toilet, poor quality of food, inadequate temperature, poor quality of potable water, lack of fresh air | 1,000 |
| 3. | 27304/16
01/06/2016 |
Florin IRIMIA
1983 |
|
Tulcea and Poarta Albă Prisons
04/10/2007 to 15/03/2017 9 year(s) and 5 month(s) and 12 day(s) |
1.35-1.76 m² | overcrowding (save for 12-14/05/2008), bunk beds, lack of fresh air, lack or inadequate furniture, lack of privacy for toilet, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, no or restricted access to toilet, no or restricted access to warm water, mouldy or dirty cell, lack of or insufficient natural light, poor quality of food, infestation of cell with insects/rodents | 5,000 |
| 4. | 30328/16
24/06/2016 |
Dănuț MIHĂILĂ
1969 |
Irina Maria Peter Bucharest |
Argeș County Police Station, Galați, Colibași, Rahova, Giurgiu and Jilava Prisons, Colibași and Jilava Prison Hospitals
12/06/2008 to 31/05/2016 7 year(s) and 11 month(s) and 20 day(s) |
1.34-2.44 m² | overcrowding (save for 26/07/2013-14/08/2013, 3-5/12/2013, 5-12/06/2014 and 11-18/07/2015), bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, poor quality of food, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to shower | 5,000 |
| 5. | 38458/16
31/08/2016 |
Marian SCARLAT
1987 |
Irina Maria Peter Bucharest |
Alexandria Central Arrest, Rahova and Giurgiu Prisons
15/06/2009 to 12/01/2017 7 year(s) and 6 month(s) and 29 day(s) |
2.66 m² | overcrowding (save for Giurgiu Prison and for 11/06/2010-18/10/2010), bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient physical exercise in fresh air, 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 warm water, no or restricted access to shower | 5,000 |
| 6. | 38531/16
02/08/2016 |
Mihai-Silviu CRUDU
1988 |
|
Iași and Botoșani Prisons
26/08/2014 to 08/09/2016 2 year(s) and 14 day(s)
Iași Prison 24/10/2016 to 26/07/2017 9 month(s) and 3 day(s) |
1.28-2.52 m²
2.52 m2 |
overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, poor quality of food, 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, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water | 3,000 |
| 7. | 42903/16
03/01/2017 |
Marian-Cristian MUT
1994 |
Vasile Rareş Biro
Satu Mare |
Oradea and Satu Mare Prisons
04/05/2016 to 25/10/2016 5 month(s) and 22 day(s) |
1.6-1.8 m² | overcrowding, inadequate temperature, 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 or inadequate furniture, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell, no or restricted access to toilet, constant electric light, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air | 1,000 |
| 8. | 7560/17
30/12/2016 |
Mihai LINGURAR
1959 |
Cezara-Maria Nichita-Costescu Timișoara |
Arad County Police, Arad and Timişoara Prisons
21/10/2012 to 12/01/2017 4 year(s) and 2 month(s) and 23 day(s)
Timișoara Prison 27/02/2017 to 13/09/2017 6 month(s) and 18 day(s) |
2-2.40 m²
2 m2 |
overcrowding (save for Arad Prison), bunk beds, constant electric light, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, 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 or inadequate furniture, mouldy or dirty cell | 3,000 |
| 9. | 12424/17
06/03/2017 |
Gabriel CÎRCIUMARU
1982 |
Camelia Cîrciumaru
Craiova |
Craiova and Pelendava Prisons
25/10/2016 to 19/09/2017 10 month(s) and 26 day(s) |
1.30-2.19 m² | overcrowding, infestation of cell with insects/rodents, poor quality of food, no or restricted access to toilet, no or restricted access to shower | 1,000 |
| 10. | 20434/17
21/04/2017 |
Ionel OPREA
1983 |
Irina Maria Peter Bucharest |
Rahova, Jilava and Focşani Prisons
18/06/2016 to 07/06/2017 11 month(s) and 21 day(s) |
1.32-2.23 m² | overcrowding (save for 9-10/06/2016), bunk beds, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of toiletries, lack or insufficient quantity of food, no or restricted access to shower, no or restricted access to toilet, poor quality of food, no or restricted access to warm water, lack of fresh air, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell | 1,000 |
| 11. | 22064/17
12/04/2017 |
István IRIMIAS
1976 |
|
Oradea, Târgu-Mureş, Aiud, Arad, Gherla, Miercurea Ciuc and Bistriţa, Prisons, Dej and Rahova Prison Hospitals
04/06/2008 to 10/10/2017 9 year(s) and 4 month(s) and 7 day(s) |
1.20-2.76 m² | overcrowding (save for Dej and Rahova Prison Hospitals and Arad Prison and 7-10/07/2008), bunk beds, constant electric light, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, poor quality of food | 5,000 |
| 12. | 34942/17
13/09/2017 |
Viorel TIMOCE
1959 |
Claudia Nadina Daciana Cândea
Timișoara |
Arad and Timişoara Prisons
05/08/2016 to 30/05/2017 8 month(s) and 29 day(s)
Timișoara Prison 19/06/2017 to 01/08/2017 1 month(s) and 14 day(s) |
2-2.33 m²
2 m2
|
overcrowding (save for Arad Prison), bunk beds, inadequate temperature, constant electric light, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to toilet, no or restricted access to shower, poor quality of food | 1,000 |
| 13. | 42249/17
23/05/2017 |
Andrei-Petru RUSANDA
1983 |
Claudia Nadina Daciana Cândea
Timișoara |
Timişoara Prison
20/09/2016 to 05/04/2017 6 month(s) and 17 day(s) |
1.83-2.25 m² | overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to toilet | 1,000 |
| 14. | 46462/17
14/06/2017 |
Virgil-Roman LUNGU
1973 |
Andreea-Gabriela
Cadar Galați |
Poarta Albă Prison
10/11/2015 to 28/12/2016 1 year(s) and 1 month(s) and 19 day(s) |
1.65-2.46 m² | overcrowding (save for 10-16/11/2015), bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, poor quality of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, no or restricted access to toilet | 3,000 |
| 15. | 46610/17
26/06/2017 |
Ionuț TOADER
1991 |
Andreea-Gabriela
Cadar Galați |
Slobozia, Jilava and Poarta Albă Prisons
02/10/2015 to 13/02/2017 1 year(s) and 4 month(s) and 12 day(s) |
1.3-2.79 m² | overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, poor quality of food, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water | 3,000 |
| 16. | 47340/17
26/06/2017 |
Vasile-Nicolae DUMITRU
1981 |
Andreea-Gabriela
Cadar Galați |
Tulcea and Poarta Albă Prisons
21/03/2016 to 13/05/2017 1 year(s) and 1 month(s) and 23 day(s) |
1.36-2.88 m² | overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, poor quality of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet | 3,000 |
| 17. | 69575/17
13/09/2017 |
Remus-Ștefan-Ionel VAVA
1989 |
Claudia Nadina Daciana Cândea Timișoara |
Timişoara Prison
09/11/2016 to 11/07/2017 8 month(s) and 3 day(s) |
1.66-2 m² | overcrowding, lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, inadequate temperature, no or restricted access to warm water, infestation of cell with insects/rodents, lack or insufficient quantity of food, poor quality of food | 1,000 |
| 18. | 71103/17
21/02/2018 |
Toader ILIESI
1969 |
|
Botoşani and Iaşi Prisons
17/03/2015 to 18/10/2017 2 year(s) and 7 month(s) and 2 day(s) |
1.28-1.9 m² | overcrowding, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of fresh air, inadequate temperature, lack of privacy for toilet, mouldy or dirty cell | 3,000 |
| 19. | 74892/17
12/10/2017 |
Marcel CUIBUS
1962 |
Vasile Rareş Biro
Satu Mare |
Gherla and Baia Mare Prisons
12/11/2015 to 12/04/2017 1 year(s) and 5 month(s) and 1 day(s) |
2-2.40 m² | overcrowding, lack of privacy for toilet, lack of fresh air, lack or insufficient quantity of food, poor quality of food, lack or inadequate furniture, lack of or insufficient natural light, 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 | 3,000 |
[1] Plus any tax that may be chargeable to the applicants.
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