{"id":13867,"date":"2021-02-10T09:55:58","date_gmt":"2021-02-10T09:55:58","guid":{"rendered":"https:\/\/laweuro.com\/?p=13867"},"modified":"2021-02-10T09:57:57","modified_gmt":"2021-02-10T09:57:57","slug":"case-of-neghina-and-others-v-romania-european-court-of-human-rights-application-no-37620-15-and-10-others-see-appended-list","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=13867","title":{"rendered":"CASE OF NEGHINA AND OTHERS v. ROMANIA (European Court of Human Rights) Application no. 37620\/15 and 10 others \u2013 see appended list"},"content":{"rendered":"

FOURTH SECTION
\nCASE OF NEGHIN\u0102 AND OTHERS v. ROMANIA<\/strong>
\n(Application no. 37620\/15 and 10 others \u2013 see appended list)
\nJUDGMENT
\nSTRASBOURG
\n21 January 2021<\/p>\n

This judgment is final but it may be subject to editorial revision.<\/p>\n

In the case of Neghin\u0103and Others v. Romania,<\/strong><\/p>\n

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:<\/p>\n

Armen Harutyunyan, President,
\nJolien Schukking,
\nAna Maria Guerra Martins, judges,
\nand Liv Tigerstedt, Acting Deputy Section Registrar,<\/p>\n

Having deliberated in private on 17 December 2020,<\/p>\n

Delivers the following judgment, which was adopted on that date:<\/p>\n

PROCEDURE<\/strong><\/p>\n

1. The case originated in applications against Romania lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on the various dates indicated in the appended table.<\/p>\n

2. The Romanian Government (\u201cthe\u00a0Government\u201d) were given notice of the applications.<\/p>\n

THE FACTS<\/strong><\/p>\n

3. The list of applicants and the relevant details of the applications are set out in the appended table.<\/p>\n

4. The applicants complained under Article 3 of the Convention of the inadequate conditions of their detention.In several applications the applicants also raised other complaints under Article 3 of the Convention.<\/p>\n

THE LAW<\/strong><\/p>\n

I. JOINDER OF THE APPLICATIONS<\/p>\n

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n

II. ALLEGED VIOLATION OF ARTICLE\u00a03 OF THE CONVENTION<\/p>\n

6. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention, which reads as follows:<\/p>\n

Article 3<\/p>\n

\u201cNo one shall be subjected to torture or to inhuman or degrading treatment or punishment.\u201d<\/p>\n

7. In all applications, except for application no. 41368\/15, the Government raised a preliminary objection concerning the applicants\u2019 loss of victim status for the periods of detention specified in the appended table because they were afforded adequate redress based on Law no.\u00a0169\/2017 amending and completing Law no. 254\/2013 on the execution of sentences for those periods of detention.<\/p>\n

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 D\u00eerjan and \u015etefan v. Romania ((dec.), nos.\u00a014224\/15 and 50977\/15, \u00a7\u00a7 23-33, 15 April 2020). This remedy was available to the applicants in the applications concerned and they were, indeed, afforded adequate redress for certain periods of detention (for details see the appended table).<\/p>\n

9. Therefore, the Court accepts the Government\u2019s objection and finds that these parts of the applications are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 \u00a7\u00a7 3 (a) and 4 of the Convention.<\/p>\n

10. Turning to the periods of the applicants\u2019 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\u2019 detention are indicated in the appended table. The Court refers to the principles established in its case\u2011law regarding inadequate conditions of detention (see, for instance, Mur\u0161i\u0107v.\u00a0Croatia [GC], no.\u00a07334\/13, \u00a7\u00a7\u00a096\u2011101, 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 \u201cdegrading\u201d from the point of view of Article\u00a03 and may disclose a violation, both alone or taken together with other shortcomings (see Mur\u0161i\u0107, cited above, \u00a7\u00a7\u00a0122\u00a0\u2011141, and Ananyev and Others v. Russia, nos.\u00a042525\/07 and 60800\/08, \u00a7\u00a7\u00a0149\u2011159, 10\u00a0January 2012).<\/p>\n

11. In the leading case of Rezmive\u0219 and Others v. Romania, nos.\u00a061467\/12 and 3 others, 25 April 2017, the Court already found a violation in respect of issues similar to those in the present case.<\/p>\n

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, the Court considers that in the instant case the applicants\u2019 conditions of detention during the periods specified in the appended table were inadequate.<\/p>\n

13. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.<\/p>\n

III. REMAINING COMPLAINTS<\/p>\n

14. In applications nos.\u00a041368\/15, 43353\/15, 44659\/15, 52355\/15, 56086\/15, 58981\/15 and 4238\/16 the applicants also raised other complaints under Article 3 of the Convention, including relating to the conditions of their detention during periods preceding the start date specified in the appended table.<\/p>\n

15. 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\u00a034 and\u00a035 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.<\/p>\n

It follows that this part of the applications must be rejected in accordance with Article\u00a035\u00a0\u00a7\u00a04 of the Convention.<\/p>\n

IV. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/p>\n

16. Article\u00a041 of the Convention provides:<\/p>\n

\u201cIf 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.\u201d<\/p>\n

17. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Rezmive\u0219 and Others v. Romania, nos. 61467\/12 and 3 others, 25 April 2017), the Court considers it reasonable to award the sumsindicated in the appended table.<\/p>\n

18. The Court 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.<\/p>\n

FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n

1. Decides to join the applications;<\/p>\n

2. Declares the complaints concerning the inadequate conditions of detention, as specified in the appended table, admissible\u00a0and the remainder of the applications inadmissible;<\/p>\n

3. Holds that these complaints disclose a breach of Article\u00a03 of the Convention concerning the inadequate conditions of detention;<\/p>\n

4. Holds<\/p>\n

(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;<\/p>\n

(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.<\/p>\n

Done in English, and notified in writing on 21 January 2021, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n

Liv Tigerstedt \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Armen Harutyunyan<\/p>\n

Acting Deputy\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Registrar President<\/p>\n

_____________<\/p>\n

APPENDIX
\nList of applications raising complaints under Article 3 of the Convention
\n(inadequate conditions of detention)<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
No.<\/strong><\/td>\nApplication no.<\/strong>
\nDate of introduction<\/strong><\/td>\n		Applicant\u2019s name<\/strong>
\nYear of birth <\/strong><\/td>\n		Representative\u2019s name and location<\/strong><\/td>\nFacility<\/strong>
\nStart and end date<\/strong>
\nDuration<\/strong><\/td>\n		Sq. m per inmate<\/strong><\/td>\nSpecific grievances<\/strong><\/td>\nDomestic compensation awarded (in days)<\/strong>
\nbased on total period calculated domestically<\/strong><\/td>\n		Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant<\/strong>
\n(in euros)[1]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n
1.<\/td>\n37620\/15
\n31\/08\/2015<\/td>\n		Vasile NEGHIN\u0102<\/strong>
\n1964<\/td>\n		<\/td>\nAiud, Miercurea Ciuc, Arad, M\u0103rgineni and Codlea Prisons
\n26\/02\/2008 to
\n23\/07\/2012
\n4 years and 4 months and 28 days<\/td>\n		1.4-2.9 m\u00b2<\/td>\novercrowding (save for the period of 24\/02-13\/03\/2009), poor quality of food, lack of or insufficient natural light, lack of or inadequate hygienic facilities, no or restricted access to warm water<\/td>\n378 days in compensation for a total period of detention spent in inadequate conditions between 24\/07\/2012-15\/11\/2017<\/td>\n3,000<\/td>\n<\/tr>\n
2.<\/td>\n41368\/15
\n22\/06\/2016<\/td>\n		Constantin DRAGOMIR<\/strong>
\n1974<\/td>\n		<\/td>\nBucharest Police detention facility no.\u00a06, Rahova and Jilava Prisons
\n01\/09\/2013 to
\n26\/07\/2017
\n3 years and 10 months and 26 days<\/td>\n		1-2.5 m\u00b2<\/td>\novercrowding (save for the periods of 10\/09-01\/10\/2013, 29\/10-17\/11\/2015 and 11\/03\/2016-26\/07\/2017), mouldy or dirty cell, lack of privacy for toilet, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, no or restricted access to potable water<\/td>\n–<\/td>\n3,000<\/td>\n<\/tr>\n
3.<\/td>\n43353\/15
\n09\/11\/2015<\/td>\n		Ionu\u0163-Mihai GODIN\u0102<\/strong>
\n1981<\/td>\n		<\/td>\nAiud and M\u0103rgineni Prisons
\n06\/08\/2008 to
\n23\/07\/2012
\n3 years and 11 months and 18 days<\/td>\n		1-2.6 m\u00b2<\/td>\novercrowding, poor quality of food, lack of toiletries, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of or restricted access to leisure or educational activities, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet<\/td>\n390 days in compensation for a total period of detention spent in inadequate conditions between 24\/07\/2012-10\/01\/2018<\/td>\n3,000<\/td>\n<\/tr>\n
4.<\/td>\n44659\/15
\n29\/02\/2016<\/td>\n		Puiu-Petru D\u0102NIL\u0102<\/strong>
\n1969<\/td>\n		<\/td>\nT\u00e2rguOcna and Jilava Prison Hospitals, Bac\u0103u, Rahova and Ia\u0219i Prisons
\n21\/01\/2009 to
\n23\/07\/2012
\n3 years and 6 months and 3 days
\nIa\u0219i Prison
\n18\/12\/2017 to
\n01\/01\/2018
\n15 days<\/td>\n		1.1-2.7 m\u00b2
\n0.74 m\u00b2<\/td>\n		overcrowding (save for the periods of 16\/06-28\/08\/2009, 01-11\/04\/2011 and 02\/09\/2011-26\/06\/2012), lack of or inadequate hygienic facilities, infestation of cell with insects\/rodents, poor quality of food
\novercrowding, lack of or inadequate hygienic facilities, infestation of cell with insects\/rodents, poor quality of food<\/td>\n		384 days in compensation for a total period of detention spent in inadequate conditions between total period of detention spent in inadequate conditions between 24\/07\/2012-18\/12\/2017<\/td>\n3,000<\/td>\n<\/tr>\n
5.<\/td>\n45432\/15
\n12\/10\/2015<\/td>\n		Leon ZANFIR<\/strong>
\n1976<\/td>\n		Irina Maria Peter
\nBucharest<\/td>\n		Bucharest Central Police, Jilava, PoartaAlb\u0103 and Mioveni Prison Hospitals, Jilava, Rahova, Giurgiu, PoartaAlb\u0103 and Mioveni Prisons
\n22\/04\/1996 to
\n23\/07\/2012
\n16 years and 3 months and 2 days<\/td>\n		1.9-2.8 m\u00b2<\/td>\novercrowding (save for the periods of 01\/09-15\/10\/2010, 20-27\/06\/2012, 02-19\/07\/2012), lack of or inadequate hygienic facilities, no or restricted access to shower, lack of or insufficient physical exercise in fresh air<\/td>\n450 days in compensation for a total period of detention spent in inadequate conditions between 24\/07\/2012-06\/11\/2018<\/td>\n5,000<\/td>\n<\/tr>\n
6.<\/td>\n52355\/15
\n09\/12\/2015<\/td>\n		Adrian M\u00c2NG\u00c2\u021a\u0102<\/strong>
\n1985<\/td>\n		Irina Maria Peter
\nBucharest<\/td>\n		Jilava, Rahova, M\u0103rgineni, MiercureaCiuc, Foc\u0219ani and Ploie\u0219ti Prisons
\n27\/01\/2007 to
\n23\/07\/2012
\n5 years and 5 months and 27 days<\/td>\n		0.8-2.5 m\u00b2<\/td>\novercrowding, lack of or inadequate hygienic facilities, no or restricted access to shower, bunk beds<\/td>\n438 days in compensation for a total period of detention spent in inadequate conditions between 24\/07\/2012-14\/08\/2018<\/td>\n5,000<\/td>\n<\/tr>\n
7.<\/td>\n52965\/15
\n29\/02\/2016<\/td>\n		Polifranc MIHAI<\/strong>
\n1976<\/td>\n		Irina Maria Peter
\nBucharest<\/td>\n		Ilfov, Arge\u0219 and Teleorman County Police, Bucharest Central Arrest, Coliba\u0219i, Slobozia, Jilava, Foc\u0219ani, PoartaAlb\u0103, Giurgiu, Tulcea, Codlea, Rahova, M\u0103rgineni and Craiova Prisons
\n21\/04\/2000 to
\n23\/07\/2012
\n12 years and 3 months and 3 days<\/td>\n		0.6-2 m\u00b2<\/td>\novercrowding, lack of or inadequate hygienic facilities, infestation of cell with insects\/rodents, poor quality of food, inadequate temperature, lack of fresh air, small courtyards<\/td>\n378 days in compensation for a total period of detention spent in inadequate conditions between total period of detention spent in inadequate conditions between 24\/07\/2012-23\/10\/2017<\/td>\n5,000<\/td>\n<\/tr>\n
8.<\/td>\n52967\/15
\n18\/11\/2015<\/td>\n		Lucian MERARU<\/strong>
\n1975<\/td>\n		<\/td>\nMiercureaCiuc Prison
\n28\/01\/2012 to
\n23\/07\/2012
\n5 months and 26 days<\/td>\n		1.4 m\u00b2<\/td>\novercrowding, poor quality of food, lack or inadequate furniture, lack or insufficient quantity of food, lack of or insufficient natural light, small courtyard<\/td>\n390 days in compensation for a total period of detention spent in inadequate conditions between total period of detention spent in inadequate conditions between 24\/07\/2012-20\/12\/2017<\/td>\n1,000<\/td>\n<\/tr>\n
9.<\/td>\n56086\/15
\n28\/12\/2015<\/td>\n		Dorin ALBU<\/strong>
\n1968<\/td>\n		<\/td>\nGala\u021bi Prison
\n22\/07\/2011 to
\n23\/07\/2012
\n1 year and 2 days<\/td>\n		1.2 m\u00b2<\/td>\novercrowding, lack of or inadequate hygienic facilities, lack or inadequate furniture, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, no or restricted access to potable water, no or restricted access to warm water<\/td>\n390 days in compensation for a total period of detention spent in inadequate conditions between 24\/07\/2012-19\/12\/2017<\/td>\n3,000<\/td>\n<\/tr>\n
10.<\/td>\n58981\/15
\n09\/03\/2016<\/td>\n		Ionel-Florentin GHEORGHIU<\/strong>
\n1969<\/td>\n		<\/td>\nNeam\u021b County Police
\n04\/07\/2012 to
\n23\/07\/2012
\n20 days<\/td>\n		1.3-2.6 m\u00b2<\/td>\novercrowding, lack of or inadequate hygienic facilities, lack or inadequate furniture, no or restricted access to potable water, infestation of cell with insects\/rodents<\/td>\n372 days in compensation for a total period of detention spent in inadequate conditions between 24\/07\/2012-07\/12\/2017<\/td>\n1,000<\/td>\n<\/tr>\n
11.<\/td>\n4238\/16
\n25\/03\/2016<\/td>\n		Balazs SZIBLIK<\/strong>
\n1967<\/td>\n		<\/td>\nCodlea and MiercureaCiuc Prisons
\n18\/10\/2002 to
\n23\/07\/2012
\n9 years and 9 months and 6 days<\/td>\n		1.20 – 1.60 m\u00b2<\/td>\novercrowding, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to shower, lack or inadequate furniture, no or restricted access to warm water, no or restricted access to running water, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects\/rodents, lack of or insufficient electric light, inadequate temperature, bunk beds, lack of or insufficient physical exercise in fresh air, poor quality of food<\/td>\n456 days in compensation for a total period of detention spent in inadequate conditions between 24\/07\/2012-05\/11\/2018<\/td>\n5,000<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

[1]<\/a> Plus any tax that may be chargeable to the applicants.<\/p>\n