FOURTH SECTION
\nCASE OF CONSTANTINOVICI v. ROMANIA
\n(Application no. 29405\/16)<\/p>\n
JUDGMENT
\nSTRASBOURG
\n22 October 2019<\/p>\n
This judgment is final but it may be subject to editorial revision.<\/p>\n
In the case of Constantinovici v. Romania,<\/strong><\/p>\n The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:<\/p>\n Faris Vehabovi\u0107, President, Having deliberated in private on 1 October 2019,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in an application (no. 29405\/16) against Romania lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by a Romanian national, Ms Rodica Constantinovici (\u201cthe applicant\u201d), on 19\u00a0May\u00a02016.<\/p>\n 2. The Romanian Government (\u201cthe Government\u201d) were represented by their Agent, most recently Mr V. Mocanu, of the Ministry of Foreign Affairs.<\/p>\n 3. On 11October 2017 notice was given to the Government of the complaints concerning the applicant\u2019s stay in the offices of the National Anti-corruption Directorate (\u201cthe DNA\u201d) and concerning the conditions of her pre-trial detention and the remainder of the application was declared inadmissiblepursuant to Rule54\u00a73 of the Rules of Court.<\/p>\n 4. The Government objected to the examination of the application by a Committee. Having considered the Government\u2019s objection, the Court rejects it.<\/p>\n THE FACTS<\/strong><\/p>\n I. THE CIRCUMSTANCES OF THE CASE<\/p>\n 5. The applicant was born in 1957 and lives in Bucharest.<\/p>\n A. Background of the case<\/strong><\/p>\n 6. At the date of the events under examination in the present case, the applicant was a member of the National Authority for the Restitution of Property (AutoritateaNa\u0163ional\u0103pentruRestituireaProptiet\u0103\u0163ilor, hereinafter \u201cthe ANRP\u201d). The ANRP was a State agency, responsible for the restitution of property confiscated by the communist State in an abuse of process.<\/p>\n 7. On 16 January 2015 the DNA opened a large-scale investigation into allegations of fraud committed by members of the ANRP. In particular, it was believed that some of the properties had been overvalued, thus causing loss to the State budget.<\/p>\n 8. On 25 November 2015 the DNA ordered the prosecution of nine individuals, including the applicant, for abuse of office. In particular, the applicant was accused of having validated an expert report which had overvalued the property being claimed, thus allowing the former owner to receive more compensation than the property was worth. The applicant thus became a suspect in the criminal investigation into the offence of abuse of office, which was prohibited under Article 132 of the Anti-corruption Act (Law no. 78\/2000) and under Article297\u00a71 and Article 309 of the Criminal Code.<\/p>\n 9. On 26 November 2015, at 6 a.m., the DNA issued orders to appear in respect of each of the nine suspects. On that day, starting from 7.30 a.m., all the suspects were taken to the DNA\u2019s offices for questioning. Between 7.30\u00a0a.m. and 4.05 p.m. they were all interviewed twice, in the presence of their respective lawyers, first as suspects and then as accused.<\/p>\n B. Applicant\u2019s stay in the DNA\u2019s offices<\/strong><\/p>\n 10. The order to appear in the applicant\u2019s name, issued by the prosecutor at 6 a.m. on 26November 2015, read as follows:<\/p>\n \u201cThe police shall bring the suspect, [the applicant] …, to the [DNA\u2019s] offices for questioning, the object of the case being the offence prohibited under Article 132 of Law no. 78\/2000, read together with Article 297 \u00a7 1 and Article 309 [of the Criminal Code].<\/p>\n This order to appear is issued for the purpose of determining the case, under Article\u00a0265\u00a0\u00a7\u00a02 of the Code of Criminal Procedure.\u201d<\/p>\n 11. At 7 a.m. on that day two police officers appeared at the applicant\u2019s home. She was served with the order to appear and willingly accompanied the police officers to the DNA\u2019s offices. They arrived there half an hour later, at 7.30 a.m.<\/p>\n 12. At the applicant\u2019s request, she was allowed to wait for her chosen lawyer who, according to the applicant, arrived at around 11a.m. The DNA\u2019s records show that the lawyer arrived at the DNA\u2019s offices at 9.30\u00a0a.m. and remained on the premises until 5.15 p.m.<\/p>\n 13. Upon the lawyer\u2019s arrival, the applicant and her counsel were allowed time for consultation. The applicant was then interviewed by the prosecutor, in the presence of her lawyer. She was informed of the object of the criminal investigation and about her rights as a suspect in the investigation. She refused to provide a statement and requested time to consult further with counsel in private. The report drafted by the prosecutor indicated that the interview lasted from 10.50a.m. to 11.10 a.m. The applicant alleged that she had been interviewed at noon.<\/p>\n 14. Later that day the prosecutor informed the applicant of the decision to prosecute her and once again interviewed her in her lawyer\u2019s presence. It was recorded on the applicant\u2019s statement that the interview had started at 3.10\u00a0p.m. and had ended at 4.02 p.m. According to the applicant, her second interview started at about 4 p.m.<\/p>\n 15. At 3.30 p.m. that day, the prosecutor decided to remand the applicant in custody for twenty-four hours, in order to prevent her from absconding and reoffending. The prosecutor informed her of that decision.<\/p>\n 16. The applicant alleged that except for the time spent with the prosecutor, she had had to wait in a corridor, under constant surveillance by three armed police officers. She had not been allowed to leave the building to get food or water.<\/p>\n 17. According to the Government, the applicant spent that time in a waiting room, in the lobby of the building. That waiting room was equipped with chairs, tables, water dispensers and a television set.<\/p>\n C. Conditions of detention in the police detention centre<\/strong><\/p>\n 1. Applicant\u2019s description<\/em><\/p>\n 18. The applicant was held in the police detention centre from 6 p.m. on 26\u00a0November\u00a02015 until 10 December 2015.<\/p>\n 19. According to her, she was taken into custody on the evening of 26\u00a0November and held until the morning of 28 November 2015, when the High Court of Cassation and Justice placed her in pre-trial detention. During this time, she was held without food or water, wearing the same clothes as she had had on when she had left her home.<\/p>\n 20. During her detention in the police centre she was allotted a bunk bed in shared cells. She complained of the poor conditions of hygiene, lack of ventilation and natural light. According to the applicant, the toilet was not separated from the living area by any partition, thus offering no privacy.<\/p>\n 2. Government\u2019s account<\/em><\/p>\n 21. According to the Government, the applicant was held in the police detention centre from 26 November 2015 until 3.30 p.m. on 27\u00a0November\u00a02015 and again from the afternoon of 28 November until 10\u00a0December\u00a02015. They provided information about the conditions of the applicant\u2019s detention. They submitted that the applicant had been detained in two different cells, each measuring about 8.6 sq. m, shared with two or three other detainees, and on one night in a cell measuring 13.52\u00a0sq.\u00a0m, shared with four or five other detainees.<\/p>\n 22. In each cell the applicant had had her own bed, equipped with bed linen, a pillow and blankets. The bathroom was located within the cell, and was separated from the living space by means of a plastic curtain. The bathroom was equipped with a sink, a squat toilet, and a shower.<\/p>\n II. RELEVANT DOMESTIC LAW<\/p>\n 23. The relevant provisions of the Code of Criminal Procedure (\u201cthe CCP\u201d), in force since 1 February 2014, concerning orders to appear before the investigating authorities, provide as follows:<\/p>\n Article 265<\/p>\n \u201c(1) A person may be brought before a criminal investigation body or a court on the basis of an order to appear if he or she has been previously summonsed but has not appeared, and if his or her questioning or presence is necessary, or if the summons could not be duly served because the recipient avoided service.<\/p>\n (2) A suspect (suspectul) or an accused (inculpatul) may be brought [before the authorities] on the basis of an order to appear even before being summonsed if the criminal investigation body or the court considers that the measure is necessary for the purpose of determining the case.<\/p>\n (3) During a criminal investigation an order to appear is issued by the criminal investigation body, while during trial it is issued by the judge.<\/p>\n …<\/p>\n (8) The order to appear … shall include:<\/p>\n …<\/p>\n (d) the purpose for which it was issued;<\/p>\n (e) the name of the person to be brought in as a result of the order to appear … In the case of a suspect or a defendant, the order to appear shall mention the offence that forms the object of the criminal investigation;<\/p>\n (f) the grounds and reasons why the order to appear is necessary;<\/p>\n …<\/p>\n (10) An order to appear issued by the criminal investigation body during a criminal investigation, or by the judge during trial, shall include all the elements set out in paragraph (8).<\/p>\n (11) The person brought [before the authorities] by virtue of an order to appear shall be examined immediately …<\/p>\n (12) The person brought [before the authorities] on the basis of an order to appear shall remain at the disposal of the judicial authorities only for such time as is required to question him or her, but for no more than eight hours, except where his or her remand in custody or pre-trial detention has been ordered.\u201d<\/p>\n THE LAW<\/strong><\/p>\n I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION<\/p>\n 24. The applicant complained under Article 3 of the Convention that she had been held without food or water from the evening of 26\u00a0November\u00a02015 until the morning of 28 November 2015. Under the same Article, she complained about the conditions of detention in the Bucharest police detention centre where she had been held from 6 p.m. on 26\u00a0November\u00a02015 until 10 December 2015.<\/p>\n Article 3 of the Convention reads as follows:<\/p>\n \u201cNo one shall be subjected to torture or to inhuman or degrading treatment or punishment.\u201d<\/p>\n A. Lack of access to food and water at the DNA\u2019s offices<\/strong><\/p>\n 1. The parties\u2019 submissions<\/em><\/p>\n (a) The Government<\/p>\n 25. The Government refuted the allegation that the applicant had been under the uninterrupted control of the authorities from 26 to 28\u00a0November\u00a02015 (see paragraph 21 above).<\/p>\n 26. As for the period of eight hours spent in the DNA\u2019s headquarters, the Government pointed out that the applicant herself had requested that they wait for her lawyer (see paragraph 12 above). The authorities had taken all reasonable steps in order to reduce that wait to a minimum.<\/p>\n 27. During her stay in the DNA\u2019s offices, the applicant had been accommodated in a waiting room, had been offered water and had had the option to buy food. The DNA\u2019s restaurant had been accessible to persons brought in for questioning. Moreover, from 9.30 a.m. the applicant\u2019s lawyer had also been present and could have freely gone to buy food or drink.<\/p>\n (b) The applicant<\/p>\n 28. The applicant reiterated that she had been unable to get food or water from the morning of 26 November until 28 November 2015 (see paragraph\u00a019 above). As for the time spent in the DNA\u2019s offices, she reiterated that she had been under constant police surveillance, which had rendered any attempt to wander around to find the restaurant impossible.<\/p>\n 2. The Court\u2019s assessment<\/em><\/p>\n 29. The Court notes at the outset that on 26 November 2015 the applicant was taken to the DNA\u2019s offices at 7.30 a.m. (see paragraph\u00a011 above) and left the premises at the latest by 6 p.m. (see paragraph\u00a018 above). She was thus held for a maximum time of ten and a half hours.<\/p>\n 30. The Court has already held that making applicants wait for ten hours in order to be questioned as witnesses \u2012 without food or water or the opportunity to rest \u2012 could amount to degrading treatment (see Soare and Others v. Romania, no. 24329\/02, \u00a7\u00a7 221-22, 22 February 2011).<\/p>\n 31. The Court notes that the facts of the present case were disputed by the parties. While the Government argued that the applicant had enjoyed comfortable conditions and had had free access to the DNA\u2019s restaurant (see paragraphs\u00a017 and 27 above), the applicant contested that she had been afforded such freedom (see paragraphs 16 and 28 above). However, even assuming that the applicant was unaware that the DNA\u2019s offices had a restaurant or assuming that she did not have any money on her, she could have asked her lawyer to purchase her some food and water from elsewhere (see, mutatis mutandis, Pendiuc v. Romania [Committee], no.\u00a017605\/15, \u00a7\u00a070, 14 February 2017). The lawyer could have attempted to purchase food or drinks during the waiting periods when the applicant was not being interrogated (see paragraphs 13, 14 and 27 above). Nothing in the file indicates that the prosecutor would have opposed such action or would have proceeded with the questioning in the absence of the lawyer. In fact, the parties agreed that the prosecutor had waited for the applicant\u2019s lawyer to arrive before engaging with the applicant (see paragraph 12 above).<\/p>\n 32. The length of the investigation into the applicant\u2019s case may be justified in view of the fact that it could be regarded as complex \u2013 it involved nine suspects and related to serious criminal accusations that had been brought against them (see paragraph 18 above). In addition, during the ten and a half hours that she spent at the DNA\u2019s offices, the applicant was repeatedly involved in procedural measures, and she did not contest the information submitted by the DNA to the Government that during the carrying out of those measures she and her legal representatives had had the opportunity to sit down (ibid., \u00a7 71).<\/p>\n 33. In these circumstances, the Court finds that the treatment the applicant received on 26 November 2015 prior to her remand in police custody did not exceed the inherent and inevitable suffering caused by the legal proceedings and the questioning in relation to the case.<\/p>\n 34. It follows that this part of the applicant\u2019s complaint is manifestly B. Conditions of detention in the police detention centre<\/strong><\/p>\n 1. Admissibility<\/em><\/p>\n 35. The Court notes that this part of the complaint is not manifestly 2. Merits<\/em><\/p>\n (a) The parties\u2019 submissions<\/p>\n 36. The applicant reiterated that the conditions of detention in the police detention centre had been contrary to the requirements of the Convention.<\/p>\n 37. The Government left it to the Court\u2019s discretion to evaluate whether the conditions of detention had complied with the requirements of the Convention.<\/p>\n (b) The Court\u2019s assessment<\/p>\n 38. The Court observes that in the pilot case of Rezmive\u015f and Others v.\u00a0Romania (nos. 61467\/12 and 3 others, \u00a7\u00a7 86-87 and \u00a7\u00a7\u00a0115-17, 25\u00a0April\u00a02017) it found a violation in respect of issues similar to those in the present case. It also notes that the applicant\u2019s submissions about overcrowding and unhygienic conditions correspond to the findings by the CPT in respect of the Bucharest police detention facility (see St\u0103nculeanu v.\u00a0Romania,no. 26990\/15, \u00a7 32, 9 January 2018).<\/p>\n 39. Having examined all the material submitted to it (see, in particular, paragraphs\u00a018 to 22 above), and in view of its case-law on the subject (see, in particular, Mur\u0161i\u0107 v. Croatia [GC], no. 7334\/13, \u00a7\u00a7\u00a0136-41, 20\u00a0October\u00a02016), the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of the applicant\u2019s complaint under Article 3 of the Convention. It finds therefore that the material conditions of the applicant\u2019s detention in the Bucharest police detention facility were inadequate.<\/p>\n 40. There has accordingly been a violation of Article 3 of the Convention in that respect.<\/p>\n II. ALLEGED VIOLATION OF ARTICLE 5 \u00a7 1 OF THE CONVENTION<\/p>\n 41. The applicant complained that she had been unlawfully deprived of her liberty on 26 November 2015 from 7.30 a.m. to 3.30 p.m. She relied on Article\u00a05\u00a0\u00a7\u00a01 of the Convention which reads as follows:<\/p>\n \u201c1. Everyone 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 (b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;<\/p>\n (c) the 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;<\/p>\n …\u201d<\/p>\n A. The parties\u2019 submissions<\/strong><\/p>\n 1. Government\u2019s observations<\/em><\/p>\n 42. The Government admitted that an order to appear issued by a prosecutor when a person is subject to criminal investigation can constitute a deprivation of liberty. Such a deprivation of liberty was allowed under the provisions of Article 265 of the CCP (see paragraph 23 above).<\/p>\n 43. The Government pointed out that the applicant had only been kept in the DNA\u2019s offices for eight hours, as allowed by the domestic legislation. They also averred that the case involved a complex criminal investigation, with nine suspects being brought to the DNA\u2019s offices and interviewed on the same day. Moreover, the applicant had not been kept waiting for long periods of time, but was allowed time for a genuine consultation with her chosen lawyer.<\/p>\n 2. Applicant\u2019s observations<\/em><\/p>\n 44. The applicant argued that the Government had failed to provide any legal grounds for her stay in the DNA\u2019s offices on 26 November 2016. Her presence had not been needed for more than one hour and ten minutes, the time it had taken her to give her statement. No significant procedural steps had been taken that would justify the overall length of her stay in the DNA\u2019s offices. She concluded that the only explanation for the long wait was that the prosecutor had been trying to intimidate her and induce a state of psychological terror.<\/p>\n B. The Court\u2019s assessment<\/strong><\/p>\n 1. General principles<\/em><\/p>\n 45. The Court reiterates its established case-law to the effect that Article\u00a05\u00a0\u00a7\u00a01 may also apply to deprivations of liberty of a very short length (see, among many authorities, M.A. v.Cyprus, no. 41872\/10, \u00a7\u00a0190, ECHR\u00a02013 (extracts)).<\/p>\n 46. As the Court has also held, the requirement to take account of the \u201ctype\u201d and \u201cmanner of implementation\u201d of the measure in question enables it to have regard to the specific context and circumstances surrounding types of restriction other than the paradigm of confinement in a cell. Indeed, the context in which the measure is taken is an important factor, since situations commonly occur in modern society where the public may be called on to endure restrictions on freedom of movement or liberty in the interests of the common good (see De Tommaso v.Italy [GC], no.43395\/09, \u00a7\u00a081, 23\u00a0February\u00a02017, and Nada v.Switzerland [GC], no.10593\/08, \u00a7\u00a0226, ECHR\u00a02012).<\/p>\n 47. Any deprivation of liberty must, in addition to falling within one of the exceptions set out in sub-paragraphs (a) to (f) of Article5\u00a71, be \u201clawful\u201d. Where the \u201clawfulness\u201d of detention is in issue, including the question whether \u201ca procedure prescribed by law\u201d has been followed, the Convention refers essentially to national law and lays down the obligation to conform to the substantive and procedural rules of that law (see Ilnseher v.\u00a0Germany [GC], nos.0211\/12 and 27505\/14, \u00a7135, 4\u00a0December\u00a02018, and S., V. and A. v.Denmark [GC], nos.35553\/12 and 2others, \u00a7\u00a074, 22\u00a0October\u00a02018).<\/p>\n 48. In providing that any deprivation of liberty must be effected \u201cin accordance with a procedure prescribed by law\u201d, Article 5 \u00a7 1 primarily requires any arrest or detention to have a legal basis in domestic law. However, these words do not merely refer back to domestic law. They also relate to the quality of the law, requiring it to be compatible with the rule of law, a concept inherent in all Articles of the Convention. On this last point, the Court stresses that where deprivation of liberty is concerned it is particularly important that the general principle of legal certainty be satisfied. It is therefore essential that the conditions for deprivation of liberty under domestic law be clearly defined and that the law itself be foreseeable in its application, so that it meets the standard of \u201clawfulness\u201d set by the Convention, a standard which requires that all law be sufficiently precise to allow the person \u2013if need be, with appropriate advice\u2013 to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail (see Khlaifia and Others v.\u00a0Italy [GC], no. 16483\/12, \u00a7\u00a7 91-92, 15 December 2016, and Del R\u00edo Pradav.Spain [GC], no.42750\/09, \u00a7125, ECHR2013, with further references).<\/p>\n 2. Application of those principles to the facts of the present case<\/em><\/p>\n 49. Turning to the facts of the present case, the Court observes that it is not disputed between the parties that the applicant was \u201cdeprived of her liberty\u201d within the meaning of Article 5 \u00a7 1 of the Convention during her stay in the DNA\u2019s offices on 26 November 2016 (see paragraphs 41 and 42 above). The Court has no reason to rule otherwise (see paragraph 45 above).<\/p>\n 50. It is to be noted that the deprivation of liberty had a legal basis in Article\u00a0265 of the CCP (see paragraphs 10 and 23 above). It was a consequence of the enforcement of an order to appear issued by the prosecutor in charge of conducting the criminal investigations in which the applicant was a suspect.<\/p>\n 51. The Court further observes that, in accordance with the domestic law, a suspect \u2013 such as the applicant in the present case \u2212 could be brought before the investigating authorities even before being summonsed if the criminal investigation body or the court considered that such a measure was necessary for the purposes of determining the case (see St\u0103nculeanu, cited above, \u00a7 57). In this regard, the Court takes note of the fact that the order to appear issued in respect of the applicant referred to the object of the criminal investigation and to the reasons why it was necessary to bring her before the prosecutor\u2019s office (see paragraph 10 above). The Court concludes therefore that the prosecutor\u2019s order fully conformed with the applicable domestic rules (see paragraph 23 above and, by way of contrast, Ghiur\u0103u v. Romania, no. 55421\/10, \u00a7 85, 20November 2012).<\/p>\n 52. The Court notes that the applicant was held in the DNA\u2019s offices for a maximum time of ten and a half hours (see paragraph 29 above). The order to remand her in custody was made at 3.30 p.m. on that day (see paragraph\u00a015 above), that is, within the eight hours mandated by Article\u00a0265 of the CCP (see paragraph 23 above and St\u0103nculeanu, cited above, \u00a7\u00a058). Article\u00a0265\u00a0\u00a7\u00a012 of the CCP expressly allows that a person brought before the authorities may remain at their disposal for longer than eight hours if either remand in custody or pre-trial detention has been ordered (see paragraph\u00a023 above). It remains to be seen if the extended amount of time was indeed required for the purpose of the investigation.<\/p>\n 53. In this connection, the Court notes that the applicant arrived at the DNA\u2019s offices at 7.30 a.m. (see paragraph 11 above) and met the prosecutor for the first time at 10.50 a.m. (see paragraph 13 above). It would appear, therefore, that the applicant was not heard \u201cimmediately\u201d after being brought before the investigating authorities on the basis of the impugned order (see, mutatis mutandis, St\u0103nculeanu, cited above, \u00a7 59).<\/p>\n 54. Nevertheless, the Court observes that the prosecutor\u2019s office was conducting simultaneous interviews in respect of nine individuals, including the applicant, who were all processed, first as suspects and then as accused (see paragraph 9 above). Moreover, the applicant\u2019s questioning was postponed in order to allow her time to wait for her lawyer (see paragraph\u00a012 above). She was also granted, at her request, additional time for consultation with her lawyer (see paragraph 13 above). Those measures inevitably prolonged the overall time needed for processing the case, but cannot be held against the authorities.<\/p>\n 55. The Court is conscious of the constraints arising in a criminal investigation and cannot disregard the complexity of the proceedings instituted in the case against the applicant, which required a unified strategic approach, in a large-scale case involving a significant number of people. It therefore considers that in the present case, the domestic authorities appear to have taken sufficient precautions to ensure that the interview could be conducted within the time-limits imposed by the law, notwithstanding the number of persons involved (see St\u0103nculeanu, cited above, \u00a7 61).<\/p>\n 56. Against this background, the periods during which the applicant was kept waiting before being questioned do not lack justification to such an extent as to become arbitrary (see, by way of contrast, Valerian Dragomirv.\u00a0Romania, no. 51012\/11, \u00a7\u00a7 81-82, 16 September 2014). On this point the Court notes that, while the parties contested the time when the lawyer arrived at the DNA\u2019s offices, they both agreed that the first interview took place about an hour after the lawyer\u2019s arrival (see paragraphs 12 and 13 above). This waiting time cannot be viewed as unreasonable (contrast ibid., \u00a7\u00a078). The Court attaches importance to the fact that the applicant spent that interval in consultation with her lawyer.<\/p>\n 57. The foregoing considerations are sufficient to enable the Court to conclude that by keeping the applicant in custody for a period attaining a maximum of ten and a half hours, the authorities did not overstep the reasonable balance between the need to question the applicant and her right to liberty. Moreover, the Court does not perceive anything to suggest that the applicant\u2019s deprivation of liberty was unlawful (see, mutatis mutandis, St\u0103nculeanu, cited above, \u00a768).<\/p>\n 58. It follows that no appearance of violation of Article 5 \u00a7 1 of the Convention can be disclosed in the present case. This complaint is thus manifestly ill-founded and must be rejected in accordance with Article\u00a035\u00a0\u00a7\u00a7\u00a03 and 4 of the Convention.<\/p>\n III. APPLICATION OF ARTICLE41 OF THE CONVENTION<\/p>\n 59. Article41 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. Damage<\/strong><\/p>\n 60. The applicant claimed 25,000 euros (EUR) in respect of 61. The Government considered that the amount sought was too high in comparison with other similar cases decided by the Court.<\/p>\n 62. The Court considers that the applicant must have sustained B. Costs and expenses<\/strong><\/p>\n 63. The applicant did not make any claim under this head.<\/p>\n 64. Consequently, the Court is not called upon to make an award for costs and expenses.<\/p>\n C. Default interest<\/strong><\/p>\n 65. The Court 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. Declares the complaint concerning the conditions of detention in the Bucharest police detention centre admissible and the remainder of the application inadmissible;<\/p>\n 2. Holdsthat there has been a violation of Article 3 of the Convention in respect of the applicant\u2019s conditions of detention in the Bucharest police detention centre;<\/p>\n 3. Holds<\/p>\n (a) that the respondent State is to pay the applicant, within three months, EUR\u00a01,000 (one thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, 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 amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;<\/p>\n 4. Dismissesthe remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n Done in English, and notified in writing on 22 October 2019, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n Andrea Tamietti \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Faris Vehabovi\u0107
\nIulia Antoanella Motoc,
\nCarlo Ranzoni, judges,
\nand Andrea Tamietti, Deputy Section Registrar,<\/p>\n
\nill-founded and must be rejected in accordance with Article 35 \u00a7\u00a7 3 and 4 of the Convention.<\/p>\n
\nill-founded within the meaning of Article35 \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
\nnon-pecuniary damage for each violation found by the Court in her case.<\/p>\n
\nnon-pecuniary damage which cannot be compensated for solely by the finding of a violation. Having regard to the nature of the violation found and making its assessment on an equitable basis, the Court awards the applicant EUR\u00a01,000 in respect of non-pecuniary damage.<\/p>\n
\nDeputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n