Last Updated on January 18, 2024 by LawEuro
The applicants complained principally of the inadequate conditions of their detention.
European Court of Human Rights
FOURTH SECTION
CASE OF SIMION AND OTHERS v. ROMANIA
(Application no. 45802/16 and 21 others – 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 Vehabović, 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 (“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.
THE LAW
I. JOINDER OF THE APPLICATIONS
4. 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
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 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 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 Government’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 §§ 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, §§ 94‑96, 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, §§ 30‑33, 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 Government’s objection as to the non‑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 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, 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).
13. 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.
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‑law on the subject, the Court considers that in the instant case the applicants’ 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.
III. REMAINING COMPLAINTS
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 § 4 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
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 during the periods specified in the appended table admissible and the remaining complaints inadmissible;
3. Holds that there has been a breach of Article 3 of the Convention concerning the inadequate conditions of detention during the periods specified in the appended table;
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 18 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Faris Vehabović
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. | 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 m² | 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 | |
| 2. | 54061/16
07/09/2016 |
Venera‑Elena
VINTILĂ 1983 |
|
Arad and Târgşor 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 m² | 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 | |
| 3. | 68854/16
27/12/2016 |
Horia
PĂTRAŞCU 1967 |
|
Poarta Albă, Mărgineni, Gherla and Ploieşti 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 m²
2.57 m² |
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 | |
| 4. | 11299/17
28/02/2017 |
Dumitru
CREŢAN 1973 |
|
Jilava, Târgu Jiu and Bârcea Mare Prisons
27/07/2011 to 23/07/2012 11 month(s) and 27 day(s) |
1.00-1.66 m² | 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 |
| 5. | 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 m² | 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 | |
| 6. | 23522/17
14/04/2017 |
Ştefan
BARCSA 1978 |
|
Târgu Mureş Prison
21/05/2020 pending More than 3 year(s) and 7 month(s) |
2.09-2.87 m² | 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 | |
| 7. | 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 m² | 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 |
| 8. | 55453/18
04/01/2019 |
Ştefan
ALEXANDRU 1967 |
|
Galați Prison
23/12/2019 to 08/01/2020 17 day(s)
Galați Prison 17/01/2020 to 07/09/2020 7 month(s) and 22 day(s) |
2.25 m² | 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 |
| 9. | 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 m² | 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 |
| 10. | 52413/19
24/03/2020 |
Raul‑Cosmin
STUPARU 1995 |
Maria‑Teodora
Pop Oradea |
Satu Mare Prison
23/12/2019 to 20/05/2020 4 month(s) and 28 day(s) |
2.03 m² | 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 |
| 11. | 64953/19
12/02/2020 |
Alen‑Daniel
MOISIN 1977 |
|
Mărgineni, 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 |
| 12. | 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 |
| 13. | 5836/20
24/12/2019 |
Crinu‑Ionuţ
COŞCODARU 1993 |
Daniel
Ţugneanu Berbeşti |
Mărgineni and Mioveni Prisons; Mioveni Hospital Prison
23/12/2019 to 30/06/2020 6 month(s) and 8 day(s) |
1.33-2.11 m² | 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 |
| 14. | 6303/20
14/02/2020 |
Constantin‑Traian
OPREA 1995 |
Maria
Berhă Buzău |
Focșani Prison
23/12/2019 pending More than 3 year(s) and 9 month(s) and 14 day(s) |
2.1-2.2 m² | 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 |
| 15. | 7059/20
06/03/2020 |
Gheorghe Marin
FIERARU 1980 |
|
Găești Prison
23/12/2019 to 02/07/2020 6 month(s) and 10 day(s)
Găești Prison 10/07/2020 to 19/08/2020 1 month(s) and 10 day(s) |
2.78 m² | 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 |
| 16. | 7569/20
25/02/2020 |
Adrian
IVAŞCU 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 m² | 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 |
| 17. | 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 m² | 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 | |
| 18. | 8591/20
27/01/2020 |
George Ştefan
CEAUŞU 1984 |
|
Găești, Codlea and Ploiești Prisons
23/12/2019 to 25/11/2020 11 month(s) and 3 day(s) |
2.1-2.64 m² | 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 |
| 19. | 9810/20
06/03/2020 |
Dănuţ
CĂLIN 1984 |
|
Craiova Prison
19/12/2019 pending More than 3 year(s) and 9 month(s) and 18 day(s) |
2.01-2.40 m² | 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 | |
| 20. | 21631/20
11/05/2020 |
Ioan‑Dorin
VLASIN 1981 |
|
Gherla Prison
24/12/2019 to 14/07/2020 6 month(s) and 22 day(s) |
2.85 m² | 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 |
| 21. | 2820/21
05/02/2021 |
Elvis
TURCA 1984 |
|
Mărgineni Prison
18/09/2020 to 29/10/2021 1 year(s) and 1 month(s) and 12 day(s)
Ploieşti 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 m² | 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 | |
| 22. | 14499/21
13/04/2021 |
Sándor
VASZI 1976 |
Veronika
Vaszi Sântimbru |
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 m² | 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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