{"id":20793,"date":"2023-04-13T10:18:03","date_gmt":"2023-04-13T10:18:03","guid":{"rendered":"https:\/\/laweuro.com\/?p=20793"},"modified":"2023-04-13T10:18:03","modified_gmt":"2023-04-13T10:18:03","slug":"case-of-gerenyi-and-others-v-romania-11891-16-and-3-others","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=20793","title":{"rendered":"CASE OF GERENYI AND OTHERS v. ROMANIA- 11891\/16 and 3 others"},"content":{"rendered":"

FOURTH SECTION
\nCASE OF GERENYI AND OTHERS v. ROMANIA<\/strong>
\n(Application no. 11891\/16 and 3 others \u2013 see appended list)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n13 April 2023<\/p>\n

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

In the case of Gerenyi 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 23 March 2023,<\/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<\/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

II. 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 application no. 17567\/18, the Government raised a preliminary objection concerning loss of victim status by the applicant for the period of detention specified in the appended table because he was afforded adequate redress based on Law no. 169\/2017 amending and completing Law\u00a0no.\u00a0254\/2013 on the execution of sentences for that specific period 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\u00a02019 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\u00a0April 2020). This remedy was available to the applicant in application no.\u00a017567\/18, and he was, indeed, afforded adequate redress for a certain period of detention (for details see the appended table).<\/p>\n

9. Therefore, the Court accepts the Government\u2019s objection and finds that that part of application no. 17567\/18 is incompatible ratione personae 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 the remaining 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-law regarding inadequate conditions of detention (see, for instance, Mur\u0161i\u0107 v. Croatia [GC], no. 7334\/13, \u00a7\u00a7 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 \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 122-41, and Ananyev and Others v.\u00a0Russia, nos. 42525\/07 and 60800\/08, \u00a7\u00a7 149-59, 10 January 2012).<\/p>\n

11. In the leading case of Rezmive\u0219 and Others v. Romani (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 (including its findings in the case of Polgar v.\u00a0Romania, no. 39412\/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

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

14. In applications nos.\u00a011891\/16 and 17567\/18, 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\u00a035\u00a0\u00a7\u00a04 of the Convention.<\/p>\n

IV. 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

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. 11891\/16 and 17567\/18 inadmissible;<\/p>\n

3. Holds that these complaints disclose a breach of Article 3 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 13 April 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\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Tim Eicke
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/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
No.<\/strong><\/td>\nApplication no.<\/strong>
\nDate of introduction<\/strong><\/td>\n		Applicant\u2019s name<\/strong>
\nYear of birth<\/strong>
\n\u00a0<\/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) 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
1.<\/td>\n11891\/16
\n18\/02\/2016<\/td>\n		Istv\u00e1n-P\u00e9ter GERENYI<\/strong>
\n1972<\/td>\n		C\u0103lin Gheorghe Dragomir
\nSatu Mare<\/td>\n		Bihor County Police Station
\n08\/09\/2015 to
\n07\/10\/2015
\n1 month(s)<\/td>\n		–<\/td>\ninadequate temperature, no or restricted access to warm water, lack of or insufficient quantity of food, poor quality of food<\/td>\n<\/td>\n1,000<\/td>\n<\/tr>\n
2.<\/td>\n17567\/18
\n05\/04\/2018<\/td>\n		Rosi GRIGOROIU<\/strong>
\n1983<\/td>\n		<\/td>\nBac\u0103u County Police Station
\n20\/09\/2012 to
\n13\/12\/2012
\n2 month(s) and 24\u00a0day(s)<\/td>\n		2.46 m\u00b2<\/td>\novercrowding, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air<\/td>\n348 days in compensation for a total period of 1,754 days spent in detention in inadequate conditions from 13\/12\/2012 to 24\/10\/2017, including all the periods spent in the detention facilities he complained of except for the periods spent in transit rooms<\/td>\n1,000<\/td>\n<\/tr>\n
3.<\/td>\n20048\/18
\n17\/04\/2018<\/td>\n		Flavius-Silviu TROIKE<\/strong>
\n1981<\/td>\n		Claudia Nadina Daciana C\u00e2ndea
\nTimi\u0219oara<\/td>\n		Arad and Timi\u0219oara Prisons
\n06\/03\/2015 to
\n18\/10\/2017
\n2 year(s) and 7\u00a0month(s) and 13\u00a0day(s)<\/td>\n		1.83 – 2.42 m\u00b2<\/td>\novercrowding (save for the period 06\/03\/2015 – 24\/03\/2016), lack of fresh air, lack of or inadequate hygienic facilities, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air<\/td>\n<\/td>\n3,000<\/td>\n<\/tr>\n
4.<\/td>\n35116\/20
\n01\/09\/2020<\/td>\n		Mitic\u0103 CORDUNEANU<\/strong>
\n1964<\/td>\n		<\/td>\nDrobeta-Turnu Severin Prison
\n19\/12\/2019 to
\n16\/08\/2021
\n1 year(s) and 7\u00a0month(s) and 29\u00a0day(s)<\/td>\n		–<\/td>\nbunk beds, lack of or inadequate hygienic facilities, lack of privacy for toilet, inadequate temperature, mouldy or dirty cell<\/td>\n<\/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