FOURTH SECTION

CASE OF POLGÁR AND OTHERS v. HUNGARY

(Application no. 29213/13 and 9 other applications -
see appended list)

JUDGMENT

STRASBOURG

10 December 2015

This judgment is final. It may be subject to editorial revision.

In the case of Polgár and Others v. Hungary,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
	Vincent A. De Gaetano, President,
	Egidijus Kūris,
	Gabriele Kucsko-Stadlmayer, judges,
and Hasan Bakırcı, Acting Deputy Section Registrar,
Having deliberated in private on 19 November 2015,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1.  The cases originated in applications against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2.  The applications were communicated to the Hungarian Government (“the Government”).
THE FACTS
3.  The list of applicants, their representatives and the relevant details of the applications are set out in the appended table.
4.  The applicants complained of the inadequate conditions of their detention and of the lack of any effective remedy in domestic law.
THE LAW
I.  JOINDER OF THE APPLICATIONS
5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II.  ALLEGED VIOLATION OF ARTICLES 3 AND 13 OF THE CONVENTION
6.  The applicants complained of the inadequate conditions of their detention and that they had no effective remedy in this connection. They relied on Articles 3 and 13 of the Convention, which read as follows:
Article 3
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
Article 13
“Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority...”
7.  The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants’ 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, Kudła v. Poland [GC], no. 30210/96, §§ 90‑94, ECHR 2000‑XI, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 139‑165, 10 January 2012). It reiterates in particular that extreme lack of space in a prison cell or overcrowding weighs heavily as an aspect to be taken into account for the purpose of establishing whether the impugned detention conditions were “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see, amongst many authorities, Karalevičius v. Lithuania, no. 53254/99, §§ 36‑40, 7 April 2005).
8.  In the leading case of Varga and Others v. Hungary (nos. 14097/12, 45135/12, 73712/12, 34001/13, 44055/13, and 64586/13, 10 March 2015), the Court already found a violation in respect of issues similar to those in the present case.
9.  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’ conditions of detention were inadequate.
10.  The Court further notes that the applicants did not have at their disposal an effective remedy by which to submit their complaints concerning their conditions of detention.
11.  These complaints are therefore admissible and disclose a breach of Articles 3 and 13 of the Convention.
III.  APPLICATION OF ARTICLE 41 OF THE CONVENTION
12.  Article 41 of the Convention provides:
“If 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.”
13.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Varga and Others v. Hungary, nos. 14097/12, 45135/12, 73712/12, 34001/13, 44055/13, and 64586/13, 10 March 2015), the Court considers it reasonable to award the sums indicated in the appended table.
14.  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.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1.  Decides to join the applications;

2.  Declares the applications admissible;

3.  Holds that these applications disclose a breach of Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of an effective remedy;

4.  Holds
(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;
(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.
Done in English, and notified in writing on 10 December 2015, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
		Hasan Bakırcı	Vincent A. De Gaetano
Acting Deputy Registrar	President

APPENDIX
List of applications raising complaints under Articles 3 and 13 of the Convention
(inadequate conditions of detention and lack of any effective remedy in domestic law)
No.	Application no.
Date of introduction	Applicant name
Date of birth /
	Representative name and location	Facility
Start and end date
Duration	Sq. m. per inmate	Specific grievances	Amount awarded for non-pecuniary damage
per applicant
(in euros)	Amount awarded for costs and expenses per application
(in euros)	
1.		29213/13
23/04/2013	Sándor Rezső POLGÁR
09/03/1956	
	Győr-Moson-Sopron County Prison
07/05/2007 to
17/11/2008
1 year(s) and 7 month(s)

Budapest Prison
03/08/2009 to
13/09/2009
0 year(s) and 2 month(s)

Budapest Prison
19/11/2009 to
05/11/2013
4 year(s)
	3 m²

3.4 m²

3.2 m²

	toilet not separated from the rest of the cell

toilet not separated from the rest of the cell
	19,300		
2.		36214/13
31/05/2013	Zoltán MOLNÁR
21/06/1973	
	Juvenile Correctional Facility, Tököl
07/12/2010 to
10/10/2011
0 year(s) and 11 month(s)

Budapest Prison
10/10/2011
pending
4 year(s) and 1 month(s)
	2.2 m²

2.5 m²

toilet not separated from the rest of the cell
	17,000		
3.		44381/13
05/07/2013	Gábor MÉZGA
01/12/1983	Fahidi Gergely
Budapest	Budapest Correctional Facility, Block III. ("Maglódi/Venyige")
01/03/2007 to
01/10/2007
0 year(s) and 8 month(s)
Budapest Correctional Facility, Block II. ("Gyorskocsi")
01/10/2007 to
01/04/2008
0 year(s) and 7 month(s)

Budapest Correctional Facility, Block I. ("Nagy Ignác/Markó")
01/04/2008 to
01/09/2008
0 year(s) and 6 month(s)

Budapest Correctional Facility, Block III. ("Maglódi/Venyige")
01/09/2008 to
01/03/2009
0 year(s) and 7 month(s)

Márianosztra Prison
01/03/2009 to
01/03/2011
2 year(s) and 1 month(s)

Budapest Prison, Block "A"
01/03/2011 to
01/07/2013
2 year(s) and 5 month(s)

	2 m²

2 m²

2 m²

2 m²

2 m²

2 m²

	shower only once a week

shower only once a week

shower only once a week

shower only once a week

	22,500		
4.		44661/13
02/07/2013	Szabolcs ASBOLT
04/08/1990	Fahidi Gergely
Budapest	Budapest Prison, Block "A"
01/03/2011 to
12/10/2012
1 year(s) and 8 month(s)

Budapest Prison, Block "B"
12/10/2012 to
16/09/2014
2 year(s)
	2.6 m²

2.5 m²

	shower only once a week, toilet not separated from the rest of the cell, infestation of the cell with insects, only cold water in cell

shower only once a week, toilet not separated from the rest of the cell, infestation of the cell with insects, only cold water in cell
	13,000	300	
5.		44763/13
05/07/2013	Róbert KÖKÉNY
02/02/1971	Gulyás Gábor
Budapest	Vác Prison
06/06/2011 to
23/12/2011
0 year(s) and 7 month(s)

Márianosztra Prison
23/12/2011 to
02/04/2012
0 year(s) and 4 month(s)

Budapest Prison, Block "B"
15/10/2012 to
22/02/2013
0 year(s) and 5 month(s)

Budapest Prison, Block "A"
22/02/2013 to
30/11/2015
2 year(s) and 10 month(s)

	2.6 m²

2.6 m²

3.1 m²

2.6 m²

	shower only once a week, toilet not separated from the rest of the cell

toilet not separated from the rest of the cell

shower only once a week

shower only once a week, toilet not separated from the rest of the cell
	14,500	300	
6.		46576/13
16/07/2013	László IGNÁCZ
01/12/1972	Fahidi Gergely
Budapest	Baranya County Prison
20/06/2010 to
01/02/2011
0 year(s) and 8 month(s)

Zala County Prison
01/02/2011 to
01/10/2011
0 year(s) and 9 month(s)

Budapest Prison, Block "A"
01/10/2011 to
11/07/2014
2 year(s) and 10 month(s)

	2 m²

2.3 m²

2.6 m²

shower only once a week, toilet not separated from the rest of the cell, infestation of the cell with insects
	14,800	300	
7.		46587/13
15/07/2013	Zoltán GALÓ
29/09/1972	Cech András
Budapest	Budapest Correctional Facility
20/02/2012 to
05/03/2012
0 year(s) and 1 month(s)

Budapest Prison
05/03/2012 to
02/12/2013
1 year(s) and 9 month(s)

Budapest Prison
20/11/2014
pending
1 year(s)
	3.75 m²

3.1 m²

2.6 m²

lack of requisite medical assistance, toilet not separated from the rest of the cell, shower only once a week

lack of requisite medical assistance, shower only once a week, toilet not separated from the rest of the cell	10,500	300	
8.		46588/13
17/07/2013	Tibor KORMONT
01/06/1964	Fahidi Gergely
Budapest	Borsod-Abaúj-Zemplén County Prison
13/07/2004 to
10/07/2007
3 year(s)

Vác Prison
10/07/2007 to
10/10/2010
3 year(s) and 4 month(s)

Budapest Prison, Block "B"
10/10/2010 to
15/01/2015
4 year(s) and 4 month(s)
	2.2 m²

2.5 m²

2.5 m²

	shower only once a week

infestation of the cell with insects
	26,000	300	
9.		46644/13
16/07/2013	Viorel Florin CSAPÁR
21/07/1971	Nagy Gábor
Budapest	Budapest Correctional Facility, Block III. ("Maglódi/Venyige")
12/06/2006 to
14/04/2008
1 year(s) and 11 month(s)

Budapest Prison
27/04/2008 to
16/07/2014
6 year(s) and 3 month(s)

	3.75 m²

2 m²

shower only once a week, toilet not separated from the rest of the cell
	15,000	300	
10.		51608/13
30/07/2013	Mihály JANICS
16/05/1959	
	Vác Prison
14/02/2011 to
14/06/2011
0 year(s) and 5 month(s)

Sopronkőhida Prison
26/10/2011 to
13/10/2013
2 year(s)
	2.6 m²

2.5 m²

	toilet not separated from the rest of the cell

shower only once a week
	9,300