{"id":21178,"date":"2023-09-21T08:41:20","date_gmt":"2023-09-21T08:41:20","guid":{"rendered":"https:\/\/laweuro.com\/?p=21178"},"modified":"2023-09-21T08:41:20","modified_gmt":"2023-09-21T08:41:20","slug":"case-of-muresanu-and-others-v-romania-26176-16-and-5-others","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=21178","title":{"rendered":"CASE OF MURE\u015eANU AND OTHERS v. ROMANIA – 26176\/16 and 5 others"},"content":{"rendered":"

The applicants complained of the inadequate conditions of their detention.<\/span><\/p>\n

\n

FOURTH SECTION
\nCASE OF MURE\u015eANU AND OTHERS v. ROMANIA<\/strong>
\n(Application no. 26176\/16 and 5 others \u2013 see appended list)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n21 September 2023<\/p>\n

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

In the case of Mure\u015fanu and Others v. Romania,<\/strong><\/p>\n

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
\nFaris Vehabovi\u0107, President,
\nAnja Seibert-Fohr,
\nAnne Louise Bormann, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,
\nHaving deliberated in private on 31 August 2023,
\nDelivers 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.<\/p>\n

7. As regards the admissibility of the applications, the Government raised a preliminary objection concerning loss of victim status for certain periods of detention specified in the appended table because adequate redress based on Law\u00a0no.\u00a0169\/2017 amending and completing Law no. 254\/2013 on the execution of sentences was afforded for those specific periods of detention.<\/p>\n

8. The Court notes that the domestic remedy introduced in respect of the 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). The Court therefore finds that the relevant parts of applications nos.\u00a047561\/16, 10868\/18 and 10870\/18 (details described in the appended table) are incompatible ratione personae with the provisions of the Convention because the applicants were, indeed, afforded adequate redress for certain periods of their detention, specified in the appended table. Those parts of the applications must be declared inadmissible in accordance with Article\u00a035\u00a0\u00a7\u00a7\u00a03(a) and 4 of the Convention. The Court dismisses the Government\u2019s similar objection related to the victim status of some other applicants as not supported by evidence.<\/p>\n

9. Turning to the remaining periods of the applicants\u2019 detention, the details of which are indicated in the appended table, the Court notes that the applicants were kept in detention in poor conditions. 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\u00a02016). 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. Russia, nos.\u00a042525\/07 and 60800\/08, \u00a7\u00a7\u00a0149\u201159, 10\u00a0January 2012).<\/p>\n

10. 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

11. 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, as indicated in the appended table, were inadequate.<\/p>\n

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

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

13. In application no. 10870\/18 the applicant also raised additional complaints under Article 3 of the Convention related to the conditions of detention during another period.<\/p>\n

14. 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\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

15. It follows that this part of the application 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

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, 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 the applications inadmissible;<\/p>\n

3. Holds that there has been 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 September 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 Faris Vehabovi\u0107
\nActing Deputy Registrar\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\n\n\n
No.<\/strong><\/td>\nApplication no.<\/strong><\/p>\n

Date of introduction<\/strong><\/td>\n

Applicant\u2019s name<\/strong><\/p>\n

Year of birth<\/strong><\/td>\n

Representative\u2019s name and location<\/strong><\/td>\nFacility<\/strong><\/p>\n

Start and end date<\/strong><\/p>\n

Duration<\/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-pecuniary damage per applicant<\/strong><\/p>\n

(in euros)[1]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n

1.<\/td>\n26176\/16<\/p>\n

08\/06\/2016<\/td>\n

Alin MURE\u015eANU<\/strong><\/p>\n

1992<\/td>\n

Bumbar Nicolae<\/p>\n

Constan\u021ba<\/td>\n

Constan\u021ba County Police Station; Poarta Alb\u0103, Rahova, Slobozia and Valea Seac\u0103 Prisons<\/p>\n

06\/11\/2012 to<\/p>\n

01\/08\/2016<\/p>\n

3 year(s) and 8 month(s) and 27 day(s)<\/td>\n

1.71 -2.34 m\u00b2<\/td>\novercrowding, infestation of cell with insects\/rodents, lack or inadequate furniture, poor quality of food, lack of privacy for toilet<\/p>\n

 <\/td>\n

<\/td>\n3,000<\/td>\n<\/tr>\n
2.<\/td>\n64059\/16<\/p>\n

20\/10\/2016<\/td>\n

Marius-Daniel RUSU<\/strong><\/p>\n

1974<\/td>\n

 <\/p>\n

 <\/td>\n

Coliba\u0219i (Mioveni) Prison Hospital,<\/p>\n

Rahova, Arad and Timi\u0219oara<\/p>\n

Prisons<\/p>\n

23\/06\/2014<\/p>\n

pending<\/p>\n

More than 8 year(s) and 11 month(s) and 28 day(s)<\/td>\n

1.77 –<\/p>\n

2.77 m\u00b2<\/td>\n

overcrowding, poor quality of food, infestation of cell with insects\/rodents, lack of or inadequate hygienic facilities<\/p>\n

 <\/p>\n

 <\/td>\n

<\/td>\n5,000<\/td>\n<\/tr>\n
3.<\/td>\n55041\/17<\/p>\n

28\/08\/2017<\/td>\n

Vasile-Ovidiu SASU<\/strong><\/p>\n

1982<\/td>\n

 <\/p>\n

 <\/td>\n

Boto\u0219ani and Ia\u0219i Prisons<\/p>\n

17\/03\/2015 to<\/p>\n

24\/10\/2017<\/p>\n

2 year(s) and 7 month(s) and 8 day(s)<\/td>\n

1.23 -1.66 m\u00b2<\/td>\novercrowding, infestation of cell with insects\/rodents, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient natural light<\/td>\n<\/td>\n3,000<\/td>\n<\/tr>\n
4.<\/td>\n78499\/17<\/p>\n

01\/11\/2017<\/td>\n

Cristinel-Nicu\u0219or STROE<\/strong><\/p>\n

1990<\/td>\n

Olteanu Ionel<\/p>\n

Bucuresti<\/td>\n

Tulcea and Br\u0103ila Prisons<\/p>\n

24\/12\/2019 to<\/p>\n

26\/05\/2020<\/p>\n

5 month(s) and 3 day(s)<\/td>\n

1.62 -2.64 m\u00b2<\/td>\ninfestation of cell with insects\/rodents, lack of or insufficient quantity of food, mouldy or dirty cell, poor quality of food<\/td>\n<\/td>\n1,000<\/td>\n<\/tr>\n
5.<\/td>\n10868\/18<\/p>\n

19\/02\/2018<\/td>\n

Richard-Iulian G\u00d6PFRICH<\/strong><\/p>\n

1981<\/td>\n

Trif Nicoleta<\/p>\n

Arad<\/td>\n

Arad Prison<\/p>\n

10\/12\/2016 to<\/p>\n

11\/01\/2017<\/p>\n

1 month(s) and 2 day(s)<\/td>\n

<\/td>\nlack of or inadequate hygienic facilities, infestation of cell with insects\/rodents, lack of privacy for toilet, lack of fresh air<\/td>\n72 days for the period between 12\/01\/2017 -17\/01\/2018 in accordance with law no. 169\/2017 concerning the compensatory remedy.<\/td>\n1,000<\/td>\n<\/tr>\n
6.<\/td>\n10870\/18<\/p>\n

19\/02\/2018<\/td>\n

C\u0103lin COVACI<\/strong><\/p>\n

1977<\/td>\n

Trif Nicoleta<\/p>\n

Arad<\/td>\n

Arad Prison<\/p>\n

16\/06\/2016 to<\/p>\n

11\/01\/2017<\/p>\n

6 month(s) and 27 day(s)<\/p>\n

Arad Prison<\/p>\n

29\/03\/2017 to<\/p>\n

07\/02\/2018<\/p>\n

10 month(s) and 10 day(s)<\/td>\n

3.12-3.67 m\u00b2<\/p>\n

 <\/p>\n

 <\/td>\n

lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to warm water, passive smoking<\/p>\n

 <\/p>\n

 <\/td>\n

18 days for the periods between 31\/05\/2016 -15\/06\/2016 and 12\/01\/2017 -28\/03\/2017 in accordance with law no. 169\/2017 concerning the compensatory remedy.<\/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