{"id":13873,"date":"2021-02-10T10:13:43","date_gmt":"2021-02-10T10:13:43","guid":{"rendered":"https:\/\/laweuro.com\/?p=13873"},"modified":"2021-02-10T10:13:43","modified_gmt":"2021-02-10T10:13:43","slug":"case-of-rusu-and-others-v-romania-european-court-of-human-rights","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=13873","title":{"rendered":"CASE OF RUSU AND OTHERS v. ROMANIA (European Court of Human Rights)"},"content":{"rendered":"

FOURTH SECTION
\nCASE OF RUSU AND OTHERS v. ROMANIA<\/strong>
\n(Application no. 27929\/16 and 6 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 Rusu and 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 of the inadequate conditions of their detention.<\/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 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. The Government raised a preliminary objection concerning all applicants\u2019 loss of victim status for periods of detention as indicated in the appended table. The Government claimed that the applicants were afforded adequate redress based on Law no. 169\/2017 amending and completing Law no.\u00a0254\/2013 on the execution of sentences for those specific 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. 14224\/15 and 50977\/15, \u00a7\u00a7 23-33, 15 April 2020). This remedy was available to the applicants in the present applications 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 application no.\u00a044783\/16, the applicant also raised complaints under Article 3 of the Convention in relation to a period of detention preceding the start date specified in the appended table.<\/p>\n

15. The Court has examined this application 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 do not meet the admissibility criteria set out in Article 35 \u00a7 1 of the Convention as they were lodged outside the six-month time-limit.<\/p>\n

It follows that this part of application no.\u00a044783\/16 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\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Armen Harutyunyan<\/p>\n

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

_____________<\/p>\n

APPENDIX<\/p>\n

List of applications raising complaints under Article 3 of the Convention<\/p>\n

(inadequate conditions of detention)<\/p>\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 (in euros)[1]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n
1.<\/td>\n27929\/16
\n15\/09\/2016<\/td>\n		Laur-Alexandru RUSU<\/strong>
\n1989<\/td>\n		<\/td>\nRahova Prison
\n09\/05\/2013 to 03\/09\/2013
\n3 months and 26 days<\/td>\n		2.4 m\u00b2<\/td>\novercrowding, lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of privacy for toilet<\/td>\n246 days in compensation for a total period of detention spent in inadequate conditions from 12\/02\/2013 to 08\/05\/2013 and from 04\/09\/2013 to 23\/08\/2019<\/td>\n1,000<\/td>\n<\/tr>\n
2.<\/td>\n44783\/16
\n16\/03\/2017<\/td>\n		Vasile GOLOGAN<\/strong>
\n1986<\/td>\n		SilviuCiprianFinic\u0103
\nBac\u0103u<\/td>\n		Bac\u0103u Prison
\n30\/11\/2019 \u2013 pending
\nMore than 1 year and 1\u00a0day<\/td>\n		1.19 m\u00b2<\/td>\novercrowding, poor quality of food, mouldy or dirty cell, bunk beds, infestation of cell with insects\/rodents<\/td>\n522 days in compensation for a total period of detention spent in inadequate conditions from 24\/07\/2012 to 29\/11\/2019<\/td>\n3,000<\/td>\n<\/tr>\n
3.<\/td>\n45200\/16
\n26\/08\/2016<\/td>\n		Codru\u021b-Adrian ROMANIUC<\/strong>
\n1978<\/td>\n		<\/td>\nGalati Prison
\n11\/05\/2017 to 26\/06\/2017
\n1 month and 16 days
\nGalati Prison
\n16\/11\/2019 \u2013 pending
\nMore than 1 year and 15\u00a0days<\/td>\n		1.7 m\u00b2<\/td>\novercrowding, lack of fresh air, lack of or insufficient natural light, inadequate temperature, no or restricted access to running water, lack or inadequate furniture, no or restricted access to potable water, infestation of cell with insects\/rodents, lack of or insufficient physical exercise in fresh air<\/td>\n486 days in compensation for a total period of detention spent in inadequate conditions from 26\/11\/2012 to 11\/05\/2017 and from 26\/06\/2017 to 16\/11\/2019<\/td>\n3,000<\/td>\n<\/tr>\n
4.<\/td>\n53343\/16
\n26\/09\/2016<\/td>\n		Titi ANGHEL<\/strong>
\n1993<\/td>\n		<\/td>\nGiurgiu Prison
\n16\/04\/2018 to 21\/06\/2018
\n2 months and 6 days
\nGiurgiu Prison
\n23\/12\/2019 \u2013 pending
\nMore than 11 months and 9\u00a0days<\/td>\n		<\/td>\nlack of fresh air, lack or inadequate furniture, lack of or insufficient natural light, poor quality of food, no or restricted access to running water, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, infestation of cell with insects\/rodents, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air, inadequate temperature, lack of requisite medical assistance, sharing cells with inmates infected with contagious disease<\/td>\n246 days in compensation for a total period of detention spent in inadequate conditions from 14\/01\/2016 to 15\/04\/2018 and from 22\/06\/2018 to 22\/12\/2019<\/td>\n3,000<\/td>\n<\/tr>\n
5.<\/td>\n53643\/16
\n05\/09\/2016<\/td>\n		Liliana-Daniela PANCU<\/strong>
\n1975<\/td>\n		<\/td>\nJilava Prison Hospital and Arad, Oradea, Timi\u0219oara, Rahova, T\u00e2rg\u0219or and Codlea Prisons
\n07\/09\/2004 to 23\/07\/2012
\n7 years and 10 months and 17\u00a0days<\/td>\n		0,54-2,83 m\u00b2<\/td>\novercrowding (save for several periods, including 22\/01\/2008-25\/03\/2009 and 20\/03\/2012 -18\/04\/2012), lack or inadequate furniture, inadequate temperature, lack of or insufficient natural light, infestation of cell with insects\/rodents, no or restricted access to toilet, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of physical exercise, breaches of the hygiene regulations<\/td>\n420 days in compensation for a total period of detention spent in inadequate conditions from 24\/07\/2012 to 17\/05\/2018<\/td>\n5,000<\/td>\n<\/tr>\n
6.<\/td>\n53688\/16
\n01\/09\/2016<\/td>\n		Costic\u0103 CHIRIAC<\/strong>
\n1979<\/td>\n		L\u0103cr\u0103mioaraGin\u021bu
\nTimi\u0219oara<\/td>\n		Arad Prison
\n29\/09\/2015 to 12\/10\/2015
\n14 days
\nArad Prison
\n03\/11\/2015 to 19\/05\/2016
\n6 months and 17 days
\nArad and Timi\u0219oara Prison
\n16\/06\/2016 to 26\/07\/2017
\n1 year and 1 month and 11\u00a0days
\nTimi\u0219oara Prison
\n08\/12\/2019 \u2013 pending
\nMore than 11 months and 23\u00a0days<\/td>\n		0,77-1,58 m\u00b2<\/td>\novercrowding for the following periods: 04-27\/11\/2015, 14-24\/12\/2015 and 14\/06-26\/07\/2017, no or restricted access to shower, lack of requisite medical assistance, poor quality of food, lack of or insufficient physical exercise in fresh air, infestation of cell with insects\/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to potable water<\/td>\n246 days in compensation for a total period of detention spent in inadequate conditions from 19\/03\/2015 to 08\/12\/2019, except for the periods referred to in Column no. 5 (Facility, Start and end date, Duration)<\/td>\n3,000<\/td>\n<\/tr>\n
7.<\/td>\n61632\/16
\n23\/11\/2016<\/td>\n		Sandu ST\u0102V\u0102RACHE<\/strong>
\n1960<\/td>\n		Ionela M\u0103rg\u0103rit
\nBucarest<\/td>\n		Gala\u021bi County Police and Gala\u021bi, Rahova, Jilava, Giurgiu, PoartaAlb\u0103 and Br\u0103ila Prisons
\n14\/08\/2009 to 23\/07\/2012
\n2 years and 11 months and 11 days<\/td>\n		1-2,8 m\u00b2<\/td>\novercrowding (save for 19\/10\/2010-08\/11\/2011), bunk beds, infestation of cell with insects\/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to potable water, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, lack of or insufficient natural light, lack of or insufficient electric light, inadequate temperature, poor quality of food<\/td>\n468 days in compensation for a total period of detention spent in inadequate conditions from 24\/\/07\/2012 to 15\/01\/2019<\/td>\n3,000<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

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