{"id":20686,"date":"2023-03-30T14:21:50","date_gmt":"2023-03-30T14:21:50","guid":{"rendered":"https:\/\/laweuro.com\/?p=20686"},"modified":"2023-03-30T14:21:50","modified_gmt":"2023-03-30T14:21:50","slug":"case-of-radu-and-others-v-romania-30485-16-and-9-others","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=20686","title":{"rendered":"CASE OF RADU AND OTHERS v. ROMANIA – 30485\/16 and 9 others"},"content":{"rendered":"

FOURTH SECTION
\nCASE OF RADU AND OTHERS v. ROMANIA<\/strong>
\n(Application no. 30485\/16 and 9 others \u2013 see appended list)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n30 March 2023<\/p>\n

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

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

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
\nTim Eicke, President,
\nBranko Lubarda,
\nAna Maria Guerra Martins, judges,<\/p>\n

and Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n

Having deliberated in private on 9 March 2023,<\/p>\n

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

1. 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

2. 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

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

1. JOINDER OF THE APPLICATIONS<\/strong><\/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

2. ALLEGED VIOLATION OF ARTICLE\u00a03 OF THE CONVENTION<\/strong><\/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

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

7. In applications nos. 23413\/17 and 27383\/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.<\/p>\n

8. The Court notes that the domestic remedy introduced in respect of inadequate conditions of detention in Romania and applicable until<\/p>\n

December 2019 was held to be an effective one in the case of 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 these 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 applications nos. 23413\/17 and 27383\/17 are incompatible ratione\u00a0personae with the provisions of the Convention and must be declared inadmissible in accordance with Article 35 \u00a7\u00a7 3 (a) and 4 of the Convention.<\/p>\n

10. Turning to other 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\u0107 v.\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\u00a0122-41, and Ananyev and Others v.\u00a0Russia, nos.\u00a042525\/07 and 60800\/08, \u00a7\u00a7\u00a0149\u201159, 10\u00a0January 2012).<\/p>\n

11. In the leading case of Rezmive\u0219 and Others v. Romania, nos.\u00a061467\/12 and 3\u00a0others, 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\u2011law on the subject (including its findings in the case of Polgar v.\u00a0Romania, no.\u00a039412\/19, \u00a7\u00a7 94-97, 20 July 2021), the Court considers that in the instant case the applicants\u2019 conditions of detention, as described in the appended table, were inadequate.<\/p>\n

13. These complaints are therefore admissible and disclose a breach of Article\u00a03 of the Convention.<\/p>\n

3. REMAINING COMPLAINTS<\/strong><\/p>\n

14. In applications nos. 30485\/16 and 23413\/17, the applicants also raised other complaints under Article 3 of the Convention.<\/p>\n

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.<\/p>\n

16. It follows that this part of the applications must be rejected in accordance with Article 35 \u00a7 4 of the Convention.<\/p>\n

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

17. 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

18. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Rezmive\u0219 and Others, cited above), the Court considers it reasonable to award the sums indicated in the appended table.<\/p>\n

4. 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, for the periods specified in the appended table, admissible, and the remainder of applications nos.\u00a030485\/16, 23413\/17 and 27383\/17 inadmissible;<\/p>\n

3. Holds that these complaints disclose a breach of Article\u00a03 of the Convention concerning the inadequate conditions of detention for the periods specified in the appended table below;<\/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 30 March 2023, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n

Viktoriya Maradudina \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Tim Eicke
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n

___________<\/p>\n

APPENDIX<\/strong>
\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
No.<\/strong><\/td>\nApplication no.<\/strong>
\nDate of introduction<\/strong><\/td>\n		Applicant\u2019s name<\/strong>
\nYear of birth<\/strong><\/td>\n		Facility<\/strong>
\nStart and end date<\/strong>
\nDuration<\/strong><\/td>\n		Sq. m per inmate<\/strong><\/td>\nSpecific grievances<\/strong><\/td>\nDomestic compensation awarded (in\u00a0days) based on total period calculated by national authorities<\/strong><\/td>\nAmount awarded for pecuniary and non\u2011pecuniary damage and costs and expenses per applicant (in euros)[1]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n
1.<\/td>\n30485\/16
\n23\/08\/2016<\/td>\n		Dinu RADU<\/strong>
\n1967<\/td>\n		M\u0103rgineni and Gala\u021bi Prisons; Jilava Prison Hospital
\n26\/10\/2010 to
\n23\/07\/2012
\n1 year(s) and 8 month(s) and 28 day(s)
\nFoc\u0219ani Prison
\n24\/12\/2019 to
\n14\/02\/2020
\n1 month(s) and 22 day(s)
\nFoc\u0219ani and M\u0103rgineni Prisons
\n03\/03\/2020 to
\n15\/01\/2021
\n10 month(s) and 13 day(s)
\nFoc\u0219ani and M\u0103rgineni Prisons
\n23\/01\/2021 to
\n22\/03\/2022
\n1 year(s) and 2 month(s)<\/td>\n		1.63 \u2013 2.58\u00a0m\u00b2<\/td>\novercrowding (save for 25\/03\/2011 – 05\/04\/2011, 24\/12\/2019 – 14\/02\/2020, 03\/03\/2020 – 02\/07\/2020), bunk beds, lack of or inadequate hygienic facilities, lack or inadequate furniture, no or restricted access to shower, no or restricted access to warm water, mouldy or dirty cell, poor quality of bedding and bed linen, no or restricted access to toilet, insufficient physical exercise in fresh air, no or restricted access to running water, infestation of cell with insects\/rodents, no or insufficient disinfection of barbering and haircutting tools, lack of toiletries<\/td>\n<\/td>\n3,000<\/td>\n<\/tr>\n
2.<\/td>\n40222\/16
\n27\/07\/2016<\/td>\n		Nicolae SZ\u00d6CSI<\/strong>
\n1966<\/td>\n		Satu Mare County Police Station; Oradea, Gherla, Satu\u00a0Mare and Arad Prisons; Dej and Mioveni (Coliba\u0219i) Prison Hospitals
\n15\/02\/2006 to
\n23\/07\/2012
\n6 year(s) and 5 month(s) and 9 day(s)
\nOradea, Baia Mare and Satu Mare Prisons
\n24\/12\/2019
\npending
\nMore than 2 year(s) and 1 month(s) and 18 day(s)<\/td>\n		1.30 \u2013 2.89\u00a0m\u00b2<\/td>\novercrowding (save for some short periods), deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of hygiene regulations, lack of contact with the outside world), insufficient natural light, poor quality of food, infestation of cell with insects\/rodents, poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, lack of toiletries<\/td>\n<\/td>\n5,000<\/td>\n<\/tr>\n
3.<\/td>\n40473\/16
\n01\/08\/2016<\/td>\n		Leonard STAN<\/strong>
\n1963<\/td>\n		Gala\u021bi Prison
\n24\/12\/2019 to
\n25\/01\/2020
\n1 month(s) and 2 day(s)
\nGala\u021bi Prison
\n31\/08\/2021 to
\n21\/02\/2022
\n5 month(s) and 22 day(s)
\nGala\u021bi Prison
\n01\/03\/2022
\npending
\nMore than 10 month(s) and 13 day(s)<\/td>\n		2.00 -2.57\u00a0m\u00b2<\/td>\novercrowding (save for 01\/03\/2022 – 05\/03\/2022), bunk beds, lack of or inadequate hygienic facilities, insufficient natural light, lack of fresh air, lack or inadequate furniture, infestation of cell with insects\/ rodents, no or restricted access to toilet, no or restricted access to potable water, poor quality of potable water, insufficient physical exercise in fresh air<\/td>\n<\/td>\n3,000<\/td>\n<\/tr>\n
4.<\/td>\n52736\/16
\n14\/10\/2016<\/td>\n		Cristian NI\u0162\u0102<\/strong>
\n1989<\/td>\n		Bucharest Police detention facility no.\u00a05; Rahova, Mioveni (Coliba\u0219i) and Giurgiu Prisons; Jilava Prison Hospital
\n20\/10\/2009 to
\n23\/07\/2012
\n2 year(s) and 9 month(s) and 4 day(s)
\nJilava and Ploie\u0219ti Prisons
\n24\/12\/2019
\npending
\nMore than 3 year(s) and 24 day(s)<\/td>\n		1.57 \u2013 2.32\u00a0m\u00b2<\/td>\novercrowding (save for 13\/03\/2012 – 23\/07\/2012), lack of or inadequate hygienic facilities, lack of privacy for toilet, insufficient natural light, lack of fresh air, lack or inadequate furniture, poor quality of bedding and bed linen, mouldy or dirty cell, insufficient physical exercise in fresh air, no or restricted access to running water, no or restricted access to toilet, poor quality of potable water and of food, insufficient quantity of food, inadequate temperature, infestation of cell with insects\/rodents<\/td>\n<\/td>\n5,000<\/td>\n<\/tr>\n
5.<\/td>\n9479\/17
\n21\/12\/2016<\/td>\n		Nistor\u2011Isai FAUR<\/strong>
\n1966<\/td>\n		Arad County Police Station; Rahova, Timi\u0219oara and Arad Prisons; Mioveni (Coliba\u0219i) Prison Hospital
\n11\/07\/2013
\npending
\nMore than 8 year(s) and 10 month(s)<\/td>\n		–<\/td>\nno or restricted access to shower, infestation of cell with insects\/ rodents, poor quality of food, insufficient quantity of food, lack or inadequate furniture, inadequate temperature, lack of toiletries, mouldy or dirty cell, no or restricted access to warm water, lack of or restricted access to leisure or educational activities, lack of fresh air, bunk beds, lack of or inadequate hygienic facilities, insufficient physical exercise in fresh air<\/td>\n<\/td>\n5,000<\/td>\n<\/tr>\n
6.<\/td>\n12686\/17
\n09\/02\/2017<\/td>\n		Ioan ALBICIUC<\/strong>
\n1988<\/td>\n		Gherla Prison
\n25\/02\/2020 to
\n30\/07\/2020
\n5 month(s) and 6 day(s)
\nGherla Prison
\n25\/06\/2021 to
\n15\/11\/2021
\n4 month(s) and 22 day(s)
\nGherla Prison
\n04\/12\/2021 to
\n23\/05\/2022
\n5 month(s) and 20 day(s)<\/td>\n		1.56 – 2.90\u00a0m\u00b2<\/td>\novercrowding (save for 04\/12\/2021 – 12\/12\/2021), bunk beds, infestation of cell with insects\/ rodents, no or insufficient disinfection of barbering and haircutting tools, poor quality of food, no or restricted access to shower, insufficient natural light, insufficient physical exercise in fresh air<\/td>\n<\/td>\n3,000<\/td>\n<\/tr>\n
7.<\/td>\n23413\/17
\n18\/04\/2017<\/td>\n		Ion CROCOVENEAN\u0162\u0102<\/strong>
\n1968<\/td>\n		Drobeta\u2011Turnu Severin Prison
\n5 periods during the period between
\n29\/12\/2016 and 02\/11\/2018
\nDrobeta\u2011Turnu Severin Prisons; Jilava Prison Hospital
\n02\/02\/2020 to
\n12\/06\/2020
\n4 month(s) and 11 day(s)
\nArad and Drobeta\u2011Turnu Severin Prisons; Jilava Prison Hospital
\n07\/07\/2020 to
\n05\/05\/2021
\n9 month(s) and 29 day(s)
\nArad and Drobeta\u2011Turnu Severin Prisons
\n14\/05\/2021 to
\n16\/09\/2021
\n4 month(s) and 3 day(s)
\nDrobeta\u2011Turnu Severin Prisons; Jilava Prison Hospital
\n08\/10\/2021
\npending
\nMore than 1 year(s) and 3 month(s) and 9 day(s)<\/td>\n		1.95 -2.55\u00a0m\u00b2<\/td>\novercrowding (only for 10\/04\/2017 – 18\/04\/2017, 25\/02\/2020 – 26\/03\/2020, 10\/06\/2021 – 24\/06\/2021), bunk beds, lack of or inadequate hygienic facilities, poor quality of bedding and bed linen, mouldy or dirty cell, lack of fresh air, infestation of cell with insects\/ rodents, poor quality of food, lack of or restricted access to leisure or educational activities, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of hygiene regulations, lack of contact with the outside world)<\/td>\n216 days in compensation for a total period of detention spent in inadequate conditions, including the period from 12\/02\/2016 to 02\/11\/2018 (except for the periods mentioned in column no.\u00a04)<\/td>\n3,000<\/td>\n<\/tr>\n
8.<\/td>\n27383\/17
\n09\/06\/2017<\/td>\n		Nicolae BUJOR<\/strong>
\n1967<\/td>\n		T\u00e2rgu\u00a0Ocna Prison Hospital
\n17\/09\/2016 to
\n04\/10\/2016
\n18 day(s)
\nT\u00e2rgu\u00a0Ocna Prison Hospital
\n16\/09\/2017 to
\n29\/09\/2017
\n14 day(s)
\nBr\u0103ila Prison; T\u00e2rgu\u00a0Ocna Prison Hospital
\n27\/04\/2018 to
\n02\/04\/2019
\n11 month(s) and 7 day(s)
\nTulcea Prison
\n23\/12\/2019 to
\n17\/02\/2020
\n1 month(s) and 26 day(s)
\nTulcea Prison
\n25\/02\/2020 to
\n23\/10\/2021
\n1 year(s) and 7 month(s) and 29 day(s)
\nTulcea, Boto\u0219ani and Br\u0103ila Prisons
\n06\/11\/2021
\npending
\nMore than 1 year(s) and 2 month(s) and 11 day(s)<\/td>\n		2.05 \u2013 2.81\u00a0m\u00b2<\/td>\novercrowding, bunk beds, lack of fresh air, insufficient natural light, mouldy or dirty cell, lack or inadequate furniture, lack of or inadequate hygienic facilities, poor quality of potable water, poor quality of food, no or restricted access to toilet, no or restricted access to running water, inadequate temperature, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of hygiene regulations, lack of contact with the outside world)<\/td>\n210 days in compensation for a total period of detention spent in inadequate conditions from 02\/01\/2016 to 23\/12\/2019 (except for the periods mentioned in column no.\u00a04)<\/td>\n3,000<\/td>\n<\/tr>\n
9.<\/td>\n32382\/17
\n21\/04\/2017<\/td>\n		Marian ANDREI<\/strong>
\n1972<\/td>\n		Mioveni (Coliba\u0219i), Jilava, M\u0103rgineni, Timi\u0219oara, T\u00e2rgu\u00a0Jiu, Deva and Drobeta\u2011Turnu Severin Prisons; Jilava, Dej, Mioveni (Coliba\u0219i) and Rahova Prison Hospitals
\n08\/01\/2004 to
\n23\/07\/2012
\n8 year(s) and 6 month(s) and 16 day(s)
\nG\u0103e\u0219ti, T\u00e2rgu\u2011Jiu, Drobeta\u2011Turnu Severin and M\u0103rgineni Prisons; Mioveni (Coliba\u0219i) Prison Hospital
\n24\/12\/2019
\npending
\nMore than 2 year(s) and 1 month(s) and 18 day(s)<\/td>\n		1.25 – 2.69\u00a0m\u00b2<\/td>\novercrowding, bunk beds, poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, no or restricted access to warm water, poor quality of food, lack or inadequate furniture, infestation of cell with insects\/ rodents, mouldy or dirty cell, lack of toiletries, poor quality of potable water, insufficient natural light, lack of fresh air, inadequate temperature, no or restricted access to running water, no or restricted access to toilet, insufficient physical exercise in fresh air<\/td>\n<\/td>\n5,000<\/td>\n<\/tr>\n
10.<\/td>\n37933\/17
\n21\/11\/2017<\/td>\n		Claudiu Adam OPREA<\/strong>
\n1981<\/td>\n		Arad County Police Station; Arad Prison
\n02\/10\/2015 to
\n13\/07\/2017
\n1 year(s) and 9 month(s) and 12 day(s)
\nArad Prison
\n27\/07\/2017 to
\n27\/03\/2018
\n8 month(s) and 1 day(s)
\nArad Prison
\n27\/04\/2018 to
\n18\/04\/2022
\n3 year(s) and 11 month(s) and 23 day(s)
\nArad Prison
\n13\/05\/2022
\npending
\nMore than 8 month(s) and 4 day(s)<\/td>\n		2\u00a0m\u00b2<\/td>\novercrowding (only for the period spent in Arad County Police Station), bunk beds, lack of or inadequate hygienic facilities, infestation of cell with insects\/rodents, lack of fresh air, poor quality of food, no or restricted access to warm water, lack of toiletries, no or restricted access to toilet, no or restricted access to shower, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world)<\/td>\n<\/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