European Court of Human Rights

 

 

 

FOURTH SECTION

 

 

 

 

 

 

 

CASE OF POCA AND OTHERS v. ROMANIA

(Application no. 71601/14 and 17 other applications)

 

 

 

 

 

 

 

 

JUDGMENT

 

 

STRASBOURG

 

14 December 2017

 

 

 

 

 

This judgment is final but it may be subject to editorial revision.

 




In the case of Poca and Others v. Romania,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

          Vincent A. De Gaetano, President,
          Georges Ravarani,
          Marko Bošnjak, judges,
and Liv Tigerstedt Acting Deputy Section Registrar,

Having deliberated in private on 23 November 2017,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in applications against Romania 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 Romanian Government (“the Government”).

THE FACTS

3.  The list of applicants 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. Some applicants also raised other complaints under the provisions of the Convention.

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 ARTICLE 3 OF THE CONVENTION

6.  The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention, which reads as follows:

Article 3

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

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, Muršić v. Croatia [GC], no. 7334/13, §§ 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 “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Muršić, cited above, §§ 122 -141, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149-159, 10 January 2012).

8.  In the pilot case of Rezmiveș and Others v. Romania, nos. 61467/12 and 3 others, 25 April 2017, 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.  These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

III.  REMAINING COMPLAINTS

11.  The applicants in applications nos. 77502/14, 3558/15, 8679/15, 10385/15, 13766/15, 18400/15, 20858/15, 28884/15, 32603/15, 32777/15, 33403/15, 34184/15 and 36047/15, also raised other complaints under Article 3 of the Convention.

12.  The Court has examined the applications listed in the appended table 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.

It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

IV.  APPLICATION OF ARTICLE 41 OF THE CONVENTION

13.  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.”

14.  Regard being had to the documents in its possession and to its case-law (see, in particular, Rezmiveș and Others v. Romania, nos. 61467/12 and 3 others, 25 April 2017), the Court considers it reasonable to award the sums indicated in the appended table.

15.  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 complaints concerning the inadequate conditions of detention, as set out in the appended table, admissible, and the remainder of the applications nos. 77502/14, 3558/15, 8679/15, 10385/15, 13766/15, 18400/15, 20858/15, 28884/15, 32603/15, 32777/15, 33403/15, 34184/15 and 36047/15, inadmissible;

 

3.  Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention;

 

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 14 December 2017, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

        Liv Tigerstedt                                                         Vincent A. De Gaetano

Acting Deputy Registrar                                                            President

 




APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention)

No.	Application no. Date of introduction	Applicant name Date of birth/Date of registration	Representative name and location	Facility Start and end date Duration	Sq. m. per inmate	Specific grievances	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
1.	71601/14 02/07/2015	Emil Poca 18/02/1958		Gherla Penitentiary 01/01/2009 to 29/08/2014 5 year(s) and 7 month(s) and 29 day(s)       Bistrița Penitentiary 29/08/2014 to 20/12/2016 2 year(s) and 3 month(s) and 22 day(s)	1.6-2.7 m²                 1.3-2.03 m²	Overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air.           Overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air.	5,000
2.	77502/14 02/06/2015	Victor-Nicolae Luca 07/05/1975	Fuiorea-Drăgan Constantin Târgu-Jiu	Târgu-Jiu Penitentiary 17/06/2013 to 28/06/2016 3 year(s) and 12 day(s)	1.1-2.6 m²	Overcrowding, lack of fresh air, lack of or insufficient natural light, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, cell used as shoe repair workshop, lack of or inadequate hygienic facilities.	3,000
3.	78443/14 18/01/2015	Iulian-Costel Bardașu 02/08/1978	Grozavu Mirela Bacău	Iași Penitentiary 09/09/2014 to 17/02/2015 5 month(s) and 9 day(s)	1.2-1.9 m²	Overcrowding, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of toiletries.	1,000
4.	3558/15 12/02/2015	Dumitru Sfetcu 29/09/1980		Penitentiaries of Rahova, Giurgiu, Gherla, Aiud and Arad 10/11/2009 to 24/08/2016 6 year(s) and 9 month(s) and 15 day(s)	1.9-2.4 m²	Rahova Penitentiary: overcrowding, poor quality of food, lack of or poor quality of bedding and bed linen;   Giurgiu Penitentiary: lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to shower, poor quality of food;   Gherla Penitentiary: overcrowding, mouldy or dirty cell, no or restricted access to shower, poor quality of food, lack of or poor quality of bedding and bed linen;   Aiud Penitentiary: mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food;   Arad Penitentiary: poor quality of food, infestation of cell with insects/rodents, poor quality of potable water, lack of or restricted access to leisure or educational activities, no or restricted access to shower.	5,000
5.	8679/15 04/05/2015	Ionel Zamfirache 12/02/1973		Galați Penitentiary 01/04/2014 to 02/02/2016 1 year(s) and 10 month(s) and 2 day(s)	2.4-2.6 m²	Overcrowding, bunk beds, lack of or inadequate furniture and storage space, poor quality of food, lack of fresh air, poor quality of potable water, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, mouldy or dirty cell.	3,000
6.	10385/15 30/03/2015	Cosmin-Isidor Nagy 28/10/1973		Baia Mare Penitentiary 30/10/2013 pending More than 3 year(s) and 10 month(s) and 24 day(s)	1.7-2.1 m²	Overcrowding, bunk beds, poor quality of food, lack of or inadequate furniture and storage space, lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to warm water, no or restricted access to shower, lack of toiletries.	3,000
7.	13766/15 07/05/2015	Adrian Florian Cicortaș 07/02/1973	Cândea Claudia Nadina Daciana Timișoara	Penitentiaries of Arad Vechi, Timișoara, Jilava, Gherla and Arad Nou 21/09/1999 pending More than 18 year(s) and 26 day(s)	1-2.3 m²	Arad Vechi Penitentiary: overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, inadequate temperature, mouldy or dirty cell, no or restricted access to shower, lack of or inadequate furniture and storage space, poor quality of food, lack of toiletries, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air;   Timișoara Penitentiary: overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, lack of toiletries, lack of or inadequate furniture and storage space, poor quality of food, infestation of cell insects/rodents, lack of or insufficient physical exercise in fresh air;   Jilava Penitentiary: overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, inadequate temperature, lack of or inadequate hygienic facilities, lack of or inadequate furniture and storage space, poor quality of food, poor quality of potable water, infestation of cell with insects/rodents, lack of toiletries; Gherla Penitentiary: overcrowding, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, inadequate temperature, mouldy or dirty cell, no or restricted access to shower, poor quality of food, lack of or inadequate furniture and storage space, lack of toiletries, lack of or insufficient physical exercise in fresh air;   Arad Nou Penitentiary: mouldy or dirty cell, proximity to dump site, poor quality of food, lack of or poor quality of bedding and bed linen, lack of toiletries, infestation of cell with insects/rodents.	5,000
8.	14100/15 24/07/2015	Victor-Ionuţ Brumar 03/05/1986		Miercurea Ciuc Penitentiary 02/09/2013 to 30/10/2015 2 year(s) and 1 month(s) and 29 day(s)	1.2-2.6 m²	Overcrowding, poor quality of food, lack of or inadequate furniture and storage space, no or restricted access to warm water, bunk beds, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air.	3,000
9.	18400/15 29/06/2015	Ovidiu Alexandru Petconi 02/12/1981		Timiș Police Inspectorate 06/03/2015 to 10/03/2015 5 day(s)               Timișoara Penitentiary 10/03/2015 to 19/04/2017 2 year(s) and 1 month(s) and 10 day(s)	2.6 m²	Mouldy or dirty cell, lack of or insufficient natural light, infestation of cell with insects/rodents, no or restricted access to warm water, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air.                 Overcrowding, lack of or inadequate furniture and storage space, lack of or insufficient natural light, lack of fresh air, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents.	3,000
10.	20858/15 14/05/2015	Florin Constantin 12/10/1983	Constantin Cristina Bucharest	Rahova Penitentiary 03/12/2013 pending More than 3 year(s) and 10 month(s) and 14 day(s)	1.6-2.4 m²	Overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or inadequate furniture and storage space, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities.	3,000
11.	21477/15 02/06/2015	Marius Teban 20/08/1974		Aiud Penitentiary 12/11/2014 to 24/04/2015 5 month(s) and 13 day(s)	1.9-2.6 m²	Overcrowding, lack of sanitary facilities in the courtyard, lack or inadequate furniture, inadequate temperature, mouldy or dirty cell, poor quality of food.	1,000
12.	28884/15 03/07/2015	Anton Hamza 21/03/1985		Satu Mare Penitentiary 21/07/2005 to 12/09/2006 1 year(s) and 1 month(s) and 23 day(s)             Oradea Penitentiary 12/09/2006 to 16/06/2014 7 year(s) and 9 month(s) and 5 day(s)     Timișoara Penitentiary 19/06/2014 to 05/04/2017 2 year(s) and 9 month(s) and 18 day(s)	1.3-1.8 m²                         1.6-2.8 m²               2.5-2.6 m²	Overcrowding                         Overcrowding               Overcrowding, lack of or inadequate furniture and storage space, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen.	5,000
13.	32603/15 15/07/2015	Edmond-George Ghiulbenghian 12/02/1982	Peter Irina Maria Bucharest	Rahova Penitentiary 23/10/2014 pending More than 2 year(s) and 11 month(s) and 24 day(s)	1.9-2.4 m²	Overcrowding (save for the period of 01/04/2015 - 02/10/2015 and 27/10/2015 - 12/02/2016), lack of adequate space to serve meals, poor quality of food, infestation of cell with insects/rodents, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to warm water.	3,000
14.	32777/15 27/07/2015	Constantin-Vasile Ivan 13/09/1978	Peter Irina Maria Bucharest	Giurgiu Police Inspectorate 06/03/2006 to 23/03/2006 18 day(s)           Jilava Penitentiary Hospital and Giurgiu Police Inspectorate 23/03/2006 to 28/06/2006 3 month(s) and 6 day(s)       Penitentiaries of Giurgiu and Jilava 28/06/2006 to 06/01/2007 6 month(s) and 10 day(s)       Penitentiaries of Giurgiu and Craiova and Jilava Penitentiary Hospital 06/01/2007 to 25/07/2012 5 year(s) and 6 month(s) and 20 day(s)       Jilava Penitentiary 25/07/2012 pending More than 5 year(s) and 2 month(s) and 11 day(s)	1.2-2.8 m² (Jilava Penitentiary)             2.06 m² (Craiova Penitentiary)                     1.2-2.8 m²	Infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet.               Mouldy or dirty cell, infestation of cell with insects/rodents.                   Overcrowding (Jilava Penitentiary), infestation of cell with insects/rodents, mouldy or dirty cell.               Giurgiu Penitentiary: lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen;   Craiova Penitentiary: overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents;   Jilava Penitentiary Hospital: mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of potable water.   Overcrowding, bunk beds, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food and running water, no or restricted access to shower, lack of adequate space for serving meals, no or restricted access to toilet, lack of fresh air, lack of or insufficient natural light, mouldy or dirty cell, inadequate temperature.	5,000
15.	33403/15 23/07/2015	Nicolae Lemnaru 14/08/1983	Peter Irina Maria Bucharest	Prahova Police Inspectorate 09/07/2012 to 08/08/2012 1 month(s)       Mărgineni Penitentiary 08/08/2012 to 20/02/2013 6 month(s) and 13 day(s)       Ploiești Penitentiary 20/02/2013 to 27/06/2013 4 month(s) and 8 day(s)     and   12/11/2015 pending More than 1 year(s) and 11 month(s) and 5 day(s)     Găești Penitentiary 27/06/2013 to 12/11/2015 2 year(s) and 4 month(s) and 17 day(s)	1.7-2.1 m²               1.8-2 m²                 1.3-2.1 m²                               1.7 m²	Overcrowding, infestation of cell with insects/rodents, lack of adequate space to serve meals, bunk beds, lack of or insufficient natural light, lack of privacy for toilet.           Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of adequate space to serve meals, lack of or inadequate hygienic facilities, bunk beds, no or restricted access to shower, no or restricted access to warm water.         Overcrowding, bunk beds, lack of or inadequate hygienic facilities.                             Overcrowding (save for the period of 20/01/2015 - 08/06/2015), lack of or inadequate hygienic facilities, lack of or inadequate furniture and storage space, insalubrious shower room, bunk beds, no or restricted access to shower.	5,000
16.	34069/15 28/07/2015	Victor Sorin Miclea 28/03/1983		Bucharest 12th Police Section 07/03/2013 to 13/03/2013 7 day(s)               Sălaj Police Inspectorate 13/03/2013 to 19/03/2013 7 day(s)         Oradea Penitentiary 19/03/2013 to 22/04/2013 1 month(s) and 4 day(s)       Baia Mare Penitentiary 25/04/2013 to 13/03/2014 10 month(s) and 17 day(s)       Gherla Penitentiary 13/03/2014 to 03/06/2015 1 year(s) and 2 month(s) and 22 day(s)   Satu Mare Penitentiary 03/06/2015 to 21/09/2015 3 month(s) and 19 day(s)	2.7 m²                       1.8 m²                 2.07-2.1 m²               1.2-1.9 m²                 1.7-2.4 m²             1.3-1.4 m²	Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, poor quality of food, lack of or inadequate hygienic facilities, cell situated at the basement.               Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, cell situated at the basement.       Overcrowding, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of toiletries, poor quality of food, lack of or insufficient physical exercise in fresh air.         Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of toiletries, poor quality of food, lack of adequate place for serving meal, lack of or inadequate hygienic facilities.           Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of privacy for toilet, lack of toiletries, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities.     Overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air.	3,000
17.	34184/15 28/07/2015	Adrian-Mircea Lăpădat 15/01/1977		Miercurea Ciuc Penitentiary 17/07/2014 to 14/01/2016 1 year(s) and 5 month(s) and 29 day(s)	1.6-2.7 m²	Overcrowding, lack of or inadequate furniture and storage space, insufficient and poor quality of food, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, bunk beds, lack of or insufficient physical exercise in fresh air.	3,000
18.	36047/15 15/07/2015	Ion Picicurov 19/11/1978	Gîrjev Daniela Chișinău	Vaslui Penitentiary 11/02/2014 to 17/02/2015 1 year(s) and 7 day(s)   and   16/06/2015 pending More than 2 year(s) and 4 month(s) and 1 day(s)	1.9 m²	Overcrowding	3,000

 




---

[1] Plus any tax that may be chargeable to the applicants.