SECOND SECTION
\nCASE OF MIRON v. THE REPUBLIC OF MOLDOVA
\n(Application no. 74497\/13)<\/p>\n
JUDGMENT
\nSTRASBOURG
\n4 September 2018<\/p>\n
This judgment is final but it may be subject to editorial revision.<\/p>\n
In the case of Miron v. the Republic of Moldova,<\/strong><\/p>\n The European Court of Human Rights (Second Section), sitting as a Committee composed of:<\/p>\n Paul Lemmens, President, Having deliberated in private on 3 July 2018,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1.\u00a0\u00a0The case originated in an application (no. 74497\/13) against the Republic of Moldova lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by a Moldovan national, Mr AlexandruMiron (\u201cthe\u00a0applicant\u201d), on 7 November 2013.<\/p>\n 2.\u00a0\u00a0The applicant, who had been granted legal aid, was represented by Mr\u00a0R. Zadoinov a lawyer practising in Chi\u0219in\u0103u. The Moldovan Government (\u201cthe Government\u201d) were represented by their Agent at the time, Mr L. Apostol.<\/p>\n 3.\u00a0\u00a0On 29 September 2014 the complaints concerning Articles 3, 5 \u00a7\u00a7 1 and 3 and 13 of the Convention were communicated to the Government and the remainder of the application was declared inadmissiblepursuant to Rule 54 \u00a7 3 of the Rules of Court.<\/p>\n THE FACTS<\/strong><\/p>\n I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/p>\n 4.\u00a0\u00a0The applicant was born in 1975 and is detained in Chi\u0219in\u0103u.<\/p>\n A.\u00a0\u00a0The applicant\u2019s arrest and detention<\/strong><\/p>\n 5.\u00a0\u00a0On 24 August 2011 the applicant was taken into police custody on charges of murder and unauthorized possession of a firearm. He was remanded in custody by the Centru District Court on 28\u00a0August 2011 and his detention was subsequently extended every thirty days until 21 January 2012 on the grounds that given the seriousness of the charges against him, he might abscond, re-offend and interfere with the investigation. The applicant did not appeal against those decisions.<\/p>\n 6.\u00a0\u00a0On 17 January 2012 the applicant\u2019s case was committed for trial and his detention was extended by the court every three months, finding that the grounds which justified his initial detention had remained valid.<\/p>\n 7.\u00a0\u00a0In his appeals against the decisions of 12 April, 10 June and 10 July 2013 the applicant complained, inter alia, about the length of his detention which, in his view, was no longer justified. He argued that his detention pending trial had already exceeded the twelve-month time-limit set under Article 186 (8) of the Code of Criminal Procedure and that the courts had not put forward any exceptional circumstance justifying such a long detention period, while the seriousness of charges could not by themselves constitute sufficient ground for his extended deprivation of liberty.<\/p>\n 8.\u00a0\u00a0By decisions of 23 April, 20 June and 25 July 2013 the Chi\u0219in\u0103u Court of Appeal dismissed the appeals.<\/p>\n 9.\u00a0\u00a0By a final judgment of the Supreme Court of Justice of 17 September 2014 the applicant was found guilty on all charges and sentenced to twenty\u2011three years of imprisonment.<\/p>\n B.\u00a0\u00a0Conditions of detention<\/strong><\/p>\n 10.\u00a0\u00a0On 28 September 2011 the applicant was transferred to prison no. 13 in Chi\u0219in\u0103uwhere he was detained until 4 December 2014.<\/p>\n 11.\u00a0\u00a0According to the applicant, he was detained in cells with poor lighting, damp walls, and accommodating six inmates in an area of 6 square metres. Due to overcrowding, the applicant had to share a bed with another inmate with whom he took turns to sleep. During his detention the applicant did not receive any bedding or clothing. Certain inmates were diagnosed with tuberculosis or HIV and had bleeding wounds. He was allowed to walk outside the cell only one hour per day. Without a functional ventilation system, in summer the air indoors was hot, humid and smelly which made it difficult to breathe. In cold weather the heating was not turned on and the temperature in the cells was extremely low. The squat toilet was not separated from the rest of the cell. The prison laundry was not operational and the applicant was unable to wash his clothes.<\/p>\n 12.\u00a0\u00a0On 18 April 2014 the applicant\u2019s lawyer complained to the Prosecutor General\u2019s Office about the applicant\u2019s detention conditions in prison no. 13. By a letter of 15 May 2014 the Department of Penitentiary Institutions denied the complaints on overcrowding, TB infected inmates, insufficient food and medical assistance.<\/p>\n II.\u00a0\u00a0RELEVANT DOMESTIC LAW<\/p>\n 13.\u00a0\u00a0The relevant domestic law was summarised in Savca v. the Republic of Moldova, no. 17963\/08, \u00a7 12-17, 15 March 2016.<\/p>\n THE LAW<\/strong><\/p>\n I.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION<\/p>\n 14.\u00a0\u00a0The applicant complained that his detention in inadequate conditions had amounted to a violation of 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 A.\u00a0\u00a0Admissibility<\/strong><\/p>\n 15.\u00a0\u00a0The Court notes that the complaint is not manifestly ill-founded, within the meaning of Article 35 \u00a7 3 (a) of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible.<\/p>\n B.\u00a0\u00a0Merits<\/strong><\/p>\n 16.\u00a0\u00a0The applicant complained about the inadequate conditions of detention in prison no. 13 (see paragraph 11 above).<\/p>\n 17.\u00a0\u00a0The Government disputed the applicant\u2019s allegations and argued that the applicant\u2019s conditions of detention in prison no. 13 had not amounted to inhuman and degrading treatment.<\/p>\n 18.\u00a0\u00a0The Court reiterates the general principles concerning conditions of detention set out in Ostrovar v. Moldova (no. 35207\/03, \u00a7\u00a7 76-79, 13\u00a0September 2005; in Shishanov v. the Republic of Moldova, no.\u00a011353\/06, \u00a7\u00a7 83-85, 15 September 2015; Khlaifia and Others v. Italy [GC], no.\u00a016483\/12, \u00a7\u00a7 163-67, ECHR 2016 (extracts); and Mursi\u010d v. Croatia [GC], no. 7334\/13, \u00a7 104, ECHR 2016).<\/p>\n 19.\u00a0\u00a0The Court recalls that it has found the conditions of detention in prison no. 13 to be contrary to Article 3 of the Convention in numerous judgments (see, among recent authorities, Hadji v. Moldova, nos.\u00a032844\/07 and 41378\/07, \u00a7 20, 14\u00a0February 2012; Silvestru v. the Republic of Moldova,no. 28173\/10, 13 January 2015; and Pisaroglu v. the Republic of Moldova, no. 21061\/11, 3 March 2015). The Court thus considers that the hardship endured by the applicant during his detention in prison no. 13 went beyond the unavoidable level of hardship inherent in detention and reached the threshold of severity required by Article 3 of the Convention. Accordingly, there has been a violation of Article 3 of the Convention.<\/p>\n II.\u00a0ALLEGED VIOLATION OF ARTICLE 5 \u00a7\u00a7 1 AND 3 OF THE CONVENTION<\/p>\n 20.\u00a0\u00a0The applicant complained of a violation of Article 5 \u00a7 1 of the Convention on account of the fact that his detention was longer than the maximum duration allowed by the domestic law. Article 5 \u00a7 1 of the Convention, in so far as relevant, reads:<\/p>\n \u201c1.\u00a0\u00a0Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:<\/p>\n …<\/p>\n (c)\u00a0\u00a0the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;\u201d<\/p>\n 21.\u00a0\u00a0The applicant also complained of a violation of Article 5 \u00a7 3 of the Covention on account of the fact that the decisions to remand him in custody had not been based on relevant and sufficient reasons. Article 5 \u00a7 3 of the Convention reads:<\/p>\n \u201cEveryone arrested or detained in accordance with the provisions of paragraph\u00a01\u00a0(c) of this Article shall be … entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.\u201d<\/p>\n A.\u00a0\u00a0Admissibility<\/strong><\/p>\n 22.\u00a0\u00a0The Court notes that the complaints are not manifestly ill-founded, within the meaning of Article 35 \u00a7 3 (a) of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.<\/p>\n B.\u00a0\u00a0Merits<\/strong><\/p>\n 23.\u00a0\u00a0The applicant complained that, contrary to Article 25(4) of the Constitution, he had been remanded in custody for a period exceeding twelve months. He argued that such a long detention was unlawful under domestic law, and was therefore contrary to Article 5 \u00a7 1 of the Convention.<\/p>\n 24.\u00a0\u00a0The Government disagreed with the applicant and argued that his detention had been lawful under domestic law.<\/p>\n 25.\u00a0\u00a0The Court recalls that it has examined an identical complaint in Savca(cited above, \u00a7\u00a7 43-53) and found a breach of Article 5 \u00a7 1 of the Convention on account of the fact that the legislation on the basis of which the applicant had been detained was not sufficiently clear and foreseeable in its application and thus did not meet the requirement of \u201clawfulness\u201d. Since there are no reasons to reach a different conclusion in the present case, the Court concludes that there has been a violation of Article 5 \u00a7 1 of the Convention in the present case too.<\/p>\n 26.\u00a0\u00a0In the light of the above, the Court does not consider it necessary to examine separately the complaint under Article 5 \u00a7 3 of the Convention (see Savca, cited above, \u00a7 54).<\/p>\n III.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION<\/p>\n 27.\u00a0\u00a0The applicant submitted that no effective remedies existed against inhuman and degrading conditions of detention. Article 13 of the Convention reads as follows:<\/p>\n \u201cEveryone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.\u201d<\/p>\n A.\u00a0\u00a0Admissibility<\/strong><\/p>\n 28.\u00a0\u00a0The Court notes that the complaint is not manifestly ill-founded, within the meaning of Article 35 \u00a7 3 (a) of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.<\/p>\n B.\u00a0\u00a0Merits<\/strong><\/p>\n 29.\u00a0\u00a0The Government disputed the applicant\u2019s submissions and argued that there had not been a violation of Article 13 of the Convention.<\/p>\n 30.\u00a0\u00a0As the Court has held on many occasions, Article 13 of the Convention guarantees the availability at national level of a remedy to enforce the substance of the Convention rights and freedoms in whatever form they may happen to be secured in the domestic legal order. The effect of Article 13 of the Convention is thus to require the provision of a domestic remedy to deal with the substance of an \u201carguable complaint\u201d under the Convention and to grant appropriate relief.<\/p>\n 31.\u00a0\u00a0The Court reiterates that it has examined on numerous occasions the issue of domestic remedies in respect of poor conditions of detention in Moldova (see Sarban v. Moldova, no. 3456\/05, \u00a7\u00a7 57-62, 4 October 2005; Holomiov v. Moldova, no. 30649\/05, \u00a7\u00a7 101-07, 7 November 2006; Istratii and Others v. Moldova, nos. 8721\/05 and 2 others, \u00a7 38, 27 March 2007; Mitrofan v. Moldova, no. 50054\/07, \u00a7\u00a7 32 and 33, 15 January 2013; Segheti v. the Moldova, no. 39584\/07, \u00a7 22, 15 October 2013; Shishanov, cited above,\u00a7 75; and Mescereacov v.\u00a0the Republic of Moldova, no. 61050\/11, \u00a7\u00a015, 9 February 2016), and has concluded on each occasion that the remedies suggested by the Government (including those suggested in the present case) were ineffective. In Malai v.\u00a0Moldova (no. 7101\/06, \u00a7\u00a7 42-46, 13\u00a0November 2008), Mitrofan (cited above, \u00a7 61), and Segheti (cited above, \u00a7\u00a038) it found a violation of Article\u00a013 of the Convention on account of the lack of effective domestic remedies in respect of inhuman and degrading conditions. The present case is no exception. Therefore, the Court considers that it has not been shown that effective remedies existed in respect of the applicant\u2019s complaint under Article 3. There has thus been a breach of Article 13 of the Convention.<\/p>\n IV.\u00a0APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n 32.\u00a0\u00a0Article 41 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 A.\u00a0\u00a0Damage<\/strong><\/p>\n 33.\u00a0\u00a0The applicant claimed 25,000 euros (EUR) in respect of non\u2011pecuniary damage.<\/p>\n 34.\u00a0\u00a0The Government disagreed with the amount of non-pecuniary damage claimed by the applicant.<\/p>\n 35.\u00a0\u00a0The Court considers that the applicant must have suffered stress and frustration as a result of the violations found. The particular amount claimed is, however, excessive. Making its assessment on an equitable basis, the Court awards the applicant EUR\u00a010,000 for non-pecuniary damage.<\/p>\n B.\u00a0\u00a0Costs and expenses<\/strong><\/p>\n 36.\u00a0\u00a0The applicant also claimed EUR 6,000 for the costs and expenses incurred before the Court.<\/p>\n 37.\u00a0\u00a0The Government claimed that the amount claimed was excessive.<\/p>\n 38.\u00a0\u00a0Regard being had to the documents in its possession and to the legal aid granted to the applicant, the Court considers it reasonable to award the sum of EUR 1,000 for costs and expenses.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1.\u00a0\u00a0Declaresthe application admissible;<\/p>\n 2.\u00a0\u00a0Holdsthat there has been a violation of Article 3 of the Convention;<\/p>\n 3.\u00a0\u00a0Holdsthat there has been a violation of Article 5 \u00a7 1 of the Convention;<\/p>\n 4.\u00a0\u00a0Holdsthat there is no need to examine the complaint under Article\u00a05\u00a0\u00a7\u00a03 of the Convention;<\/p>\n 5.\u00a0\u00a0Holdsthat there has been a violation of Article 13 of the Convention;<\/p>\n 6.\u00a0\u00a0Holds<\/p>\n (a)\u00a0\u00a0that the respondent State is to pay the applicant, within three months the following amounts,to be converted into the currency of the respondent Stateat the rate applicable at the date of settlement:<\/p>\n (i)\u00a0\u00a0EUR 10,000 (ten thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;<\/p>\n (ii)\u00a0\u00a0EUR 1,000 (one thousand euros), plus any tax that may be chargeable, in respect of costs and expenses;<\/p>\n (b)\u00a0\u00a0that 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 7.\u00a0\u00a0Dismissesthe remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n Done in English, and notified in writing on 4 September 2018, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n Hasan Bak\u0131rc\u0131\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\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 Paul Lemmens
\nValeriu Gri\u0163co,
\nSt\u00e9phanie Mourou-Vikstr\u00f6m, judges,
\nand Hasan Bak\u0131rc\u0131, Deputy Section Registrar,<\/p>\n
\nDeputy 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\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\u00a0 President<\/p>\n