Last Updated on February 9, 2023 by LawEuro
The applicants complained of the inadequate conditions of their detention.
FOURTH SECTION
CASE OF ILIE AND OTHERS v. ROMANIA
(Application no. 23993/16 and 13 others – see appended list)
JUDGMENT
STRASBOURG
9 February 2023
This judgment is final but it may be subject to editorial revision.
In the case of Ilie 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 19 January 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
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:
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
7. In applications nos. 40089/16, 63049/16 and 72968/17, the Government raised a preliminary objection concerning 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 applications nos. 40089/16, 63049/16 and 72968/17, 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. 40089/16, 63049/16 and 72968/17 are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
10. Turning to the remaining periods of the applicants’ detention in applications nos. 40089/16, 63049/16 and 72968/17, and to the periods of the applicants’ detention in the remaining of the applications, 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, 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).
11. 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.
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, as described in the appended table, were inadequate.
13. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
III. REMAINING COMPLAINTS
14. In applications nos. 29513/16, 43527/16, 58057/16, 65050/16 and 74866/16, 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.
IV. APPLICATION OF ARTICLE 41 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, Rezmiveș and Others, cited above), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the complaints concerning the inadequate conditions of detention, for the periods 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 for the periods specified in the appended table below;
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 9 February 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] |
| 1. | 23993/16
05/07/2016 |
Gigi-Cătălin ILIE
1984 |
Nicoleta Vranciu
Bucharest |
Bucharest Police detention facility no. 19; Rahova and Jilava Prisons; Dej Prison Hospital
05/05/2015 to 04/07/2016 1 year(s) and 2 month(s) |
2.04 -2.79 m² | overcrowding (save for 05/05/2015 – 07/07/2015; 01/03/2016 – 07/03/2016), bunk beds, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient electric light, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, poor quality of food | 3,000 | |
| 2. | 29513/16
27/06/2016 |
Sotir-Dumitru MIŢA
1980 |
Iancu Buşuricu
Constanța |
Poarta Albă Prison
9 periods during 11/11/2015-20/06/2017 11 month(s) and 22 day(s) |
1.63 -2.67 m² | overcrowding (save for certain scattered periods), lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, mouldy or dirty cell, inadequate temperature | 1,000 | |
| 3. | 30023/16
23/05/2016 |
Gheorghe TIMIŞ
1970 |
|
Arad Prison
17/11/2015 to 26/08/2016 9 month(s) and 10 day(s) |
– | lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to warm water, poor quality of food, no or insufficient disinfection of barbering and haircutting tools, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of fresh air, inadequate temperature, lack of or inadequate hygienic facilities | 1,000 | |
| 4. | 30055/16
09/12/2016 |
Angela IGNAT
1967 |
|
Arad Prison; Rahova Prison Hospital
19/09/2014 to 19/09/2017 3 year(s) and 1 day(s) |
2.50 -2.85 m² | overcrowding (save for 19/09/2014 – 13/10/2014; 17/10/2014 – 28/10/2014; 04/02/2016 – 19/07/2016; 27/12/2016 – 19/09/2017), lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of food | 3,000 | |
| 5. | 40089/16
01/07/2016 |
Cristinel USCATU
1964 |
|
Timiș County Police Station
08/12/2014 1 day(s) Arad Prison 31/12/2014 to 30/03/2015 3 month(s) Arad Prison 15/05/2015 to 25/02/2016 9 month(s) and 11 day(s) Arad Prison 01/03/2016 to 08/08/2017 1 year(s) and 5 month(s) and 8 day(s) |
1.50 – 2.40 m² | overcrowding (save for 06/01/2015 – 29/03/2015), infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or inadequate hygienic facilities, no or restricted access to shower, no or restricted access to warm water, no or restricted access to potable water, lack of toiletries | 96 days in compensation for a total period of detention spent in inadequate conditions, including the period from 08/12/2014 to 16/10/2018
(except for the periods mentioned in column no. 5)
|
3,000 |
| 6. | 40269/16
08/07/2016 |
Paul-Marian MIŞCOIU
1987 |
|
Arad and Timișoara Prisons
10/02/2015 to 24/04/2017 2 year(s) and 2 month(s) and 15 day(s) |
2.25 m² | overcrowding (save for 16/02/2015 – 29/08/2016), no or restricted access to warm water, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, bunk beds, poor quality of food, poor quality of potable water, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, no or insufficient disinfection of barbering and haircutting tools, lack of toiletries | 3,000 | |
| 7. | 43527/16
02/09/2016 |
Nelu GOLACHE
1967 |
|
Iași and Vaslui Prisons
22/01/2013 to 21/07/2016 3 year(s) and 6 month(s) |
1.18 -2.86 m² | overcrowding, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, infestation of cell with insects/rodents, lack or inadequate furniture, bunk beds, lack of privacy for toilet, inadequate temperature, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, no or insufficient disinfection of barbering and haircutting tools | 5,000 | |
| 8. | 44945/16
21/08/2016 |
Marian-Victor PILOŞ
1954 |
|
Bucharest Police detention facility no. 22; Jilava Prison Hospital
27/05/2010 to 23/07/2012 2 year(s) and 1 month(s) and 27 day(s) |
– | bunk beds, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air | 3,000 | |
| 9. | 55387/16
03/11/2016 |
Gelu-Gheorghe ZERCEA
1988 |
|
Bucharest Police detention facility no. 22; Rahova Prison
23/03/2016 to 21/06/2017 1 year(s) and 2 month(s) and 30 day(s) |
1.95 -2.79 m² | overcrowding (save for 08/08/2016 – 21/10/2016; 28/11/2016 – 27/02/2017), lack of or inadequate hygienic facilities, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower, bunk beds | 3,000 | |
| 10. | 58057/16
26/09/2016 |
Călin-Mihai IGNAT
1984 |
|
Arad, Timișoara and Târgu Jiu Prisons
31/12/2005 to 26/04/2016 10 year(s) and 3 month(s) and 27 day(s) |
1.60 -2.90 m² | overcrowding (save for 09/01/2006 – 01/04/2007; 02/05/2007 – 22/10/2007; 14/03/2008 – 04/05/2015), insufficient number of sleeping places, lack of or insufficient natural light, lack of fresh air, constant electric light, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack of toiletries, no or insufficient disinfection of barbering and haircutting tools, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, no or restricted access to warm water, infestation of cell with insects/rodents, inadequate temperature | 5,000 | |
| 11. | 63049/16
29/11/2016 |
Gheorghe LINGURAR
1974 |
|
Arad, Timișoara, Jilava and Aiud Prisons
24/11/1999 to 25/02/2015 15 year(s) and 3 month(s) and 2 day(s) |
0.88 -1.66 m² | overcrowding (save for 31/05/2004 – 25/02/2015), bunk beds, lack of fresh air, lack or inadequate furniture, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of toiletries, no or insufficient disinfection of barbering and haircutting tools, insufficient number of sleeping places, poor quality of potable water, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or insufficient quantity of food | 210 days in compensation for a total period of detention spent in inadequate conditions from 26/02/2015 to 17/01/2018 | 5,000 |
| 12. | 65050/16
02/11/2016 |
Nicolae-Marian VASILE
1979 |
Mariana Vasile
Bucharest |
Rahova Prison
26/08/2011 to 14/11/2011 2 month(s) and 20 day(s) Rahova Prison 18/11/2011 to 22/12/2011 1 month(s) and 5 day(s) Rahova Prison 29/12/2011 to 02/05/2012 4 month(s) and 4 day(s) Rahova Prison 04/05/2012 to 23/07/2012 2 month(s) and 20 day(s) |
2.41 -2.45 m² | overcrowding (save for 26/08/2011 – 05/09/2011; 20/03/2012 – 02/05/2012; 04/05/2012 – 23/07/2012), no or restricted access to potable water, no or restricted access to toilet, lack of fresh air | 1,000 | |
| 13. | 74866/16
28/12/2016 |
Ilie PÎRLEA
1976 |
|
Giurgiu Prison
12/03/2012 to 23/07/2012 4 month(s) and 12 day(s) Botoșani and Găești Prisons 24/12/2019 to 20/10/2020 9 month(s) and 27 day(s) |
1.22 -2.90 m² | overcrowding (save for 12/03/2012 – 23/07/2012; 12/06/2020 – 12/08/2020), lack of fresh air, lack of or insufficient natural light, mouldy or dirty cell, lack or inadequate furniture, poor quality of food, no or restricted access to running water | 3,000 | |
| 14. | 72968/17
02/10/2017 |
Gabi-Iulian OLTEANU
1976 |
|
Buzău County Police Station; Focșani, Mărgineni, Ploiești and Jilava Prisons
01/04/2009 to 23/07/2012 3 year(s) and 3 month(s) and 23 day(s) Mioveni (Colibași) Prison Hospital 21/06/2013 to 04/07/2013 14 day(s) Târgu Ocna Prison Hospital 16/05/2014 to 27/05/2014 12 day(s) |
1.16 – 2 m² | overcrowding (save for 01/04/2009 – 28/05/2009; 21/06/2013 – 04/07/2013; 16/05/2014 – 27/05/2014), mouldy or dirty cell, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, bunk beds, no or restricted access to potable water, no or restricted access to shower, lack of fresh air, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient quantity of food | 384 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 12/12/2017 (except for the periods shown in column no. 5) | 3,000 |
[1] Plus any tax that may be chargeable to the applicants.
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