FOURTH SECTION
\nCASE OF BURCIC\u0102 AND OTHERS v. ROMANIA
\n(Application no. 29536\/16 and 9 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 Burcic\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, 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 argued that all applicants had lost their victim status for periods of detention as indicated in the appended table. They claimed that the applicants had been afforded adequate redress based on Law no. 169\/2017 amending and completing Law no. 254\/2013 on the execution of sentences for those respective periods of detention.<\/p>\n 8. The Court has already found that the domestic remedy introduced in respect of inadequate conditions of detention in Romania and applicable until December 2019 was an effective one (see D\u00eerjan and \u015etefan v.\u00a0Romania (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 remaining periods of the applicants\u2019 detention, 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 under Article\u00a03 of the Convention 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 has 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 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. 41188\/16, 59849\/16 and 60625\/16, the applicants also raised complaints under Article 3 of the Convention in relation to periods of detention preceding the start dates specified in the appended table.<\/p>\n 15. The Court has examined these applications 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 the applications nos. 41188\/16, 59849\/16 and 60625\/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 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.<\/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 and 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 Armen Harutyunyan<\/p>\n Acting Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n _______________<\/p>\n APPENDIX
\nJolien Schukking,
\nAna Maria Guerra Martins, judges,
\nand LivTigerstedt,ActingDeputy Section Registrar,<\/p>\n
\nList of applications raising complaints under Article 3 of the Convention
\n(inadequate conditions of detention)<\/p>\n