European Court of Human Rights

 

 

 

 

FOURTH SECTION

 

 

 

 

CASE OF VARGA AND OTHERS v. ROMANIA

(Application no. 66094/14 and 15 others -

see appended list)

 

 

 

 

 

 

 

JUDGMENT

 

 

STRASBOURG

 

14 December 2017

 

 

 

 

 

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

 




In the case of Varga 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. 66094/14, 68929/14, 3519/15, 36755/15, 48681/15, 50525/15, 51777/15, 53903/15, 60373/15, 60991/15, 61978/15 and 1368/16, 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 admissible, and the remainder of the applications nos. 66094/14, 68929/14, 3519/15, 36755/15, 48681/15, 50525/15, 51777/15, 53903/15, 60373/15, 60991/15, 61978/15 and 1368/16 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	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.	66094/14 21/11/2014	Mihai-Grațian Varga 04/04/1977		Penitentiaries of Baia Mare and Timișoara 28/11/2013 to 05/10/2015 1 year and 10 months and 8 days	1.4-2.7 m²	overcrowding, lack of or inadequate hygienic facilities, lack of fresh air, infestation of cell with insects/rodents, mouldy or dirty cell	3,000
2.	68929/14 18/11/2014	Iancu-Ștefan Vasile 19/04/1964		Craiova Penitentiary 23/04/2008 to 18/02/2016 7 years and 9 months and 27 days	1.1-1.9 m²	overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient natural light, inadequate temperature, lack of fresh air, lack of or insufficient physical exercise in fresh air	5,000
3.	69412/14 28/11/2014	Nicolae Dumitru 15/11/1992	Dumitru Frăsîna Valea Mărului	Galați Penitentiary 07/08/2014 to 04/05/2016 1 year and 8 months and 28 days	1.6-2 m²	overcrowding, infestation of cell with insects/rodents, lack of or inadequate furniture, no or restricted access to running water	3,000
4.	3519/15 01/04/2015	Adrian Drăgan 01/06/1956		Giurgiu Penitentiary 12/06/2013 to 06/06/2016 2 years and 11 months and 26 days		poor quality of food, no or restricted access to shower, inadequate temperature, lack of fresh air, no or restricted access to running water	3,000
5.	36755/15 27/08/2015	Constantin Lungu 22/05/1970		Penitentiaries of Codlea, Jilava, Bistrița and Miercurea Ciuc 02/09/2005 - pending More than 12 years and 1 month and 15 days	0.9-2.2 m²	overcrowding, poor quality of food, poor conditions of hygiene, lack of toiletries, lack of or inadequate furniture and storage space	5,000
6.	48681/15 26/10/2015	Vasile Pentiuc 01/06/1974		Iași Penitentiary 13/11/2014 to 17/09/2015 10 months and 5 days	1.2 m²	overcrowding, lack of or inadequate hygienic facilities, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient natural light	1,000
7.	50500/15 30/10/2015	Flavius Ovidiu Cojocaru 20/06/1991		Craiova Penitentiary 28/02/2013 - pending More than 4 years and 7 months and 19 days	1.2-1.5 m²	overcrowding, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air	3,000
8.	50525/15 18/01/2016	Florian Bucilă 17/09/1968	Peter Irina Maria Bucharest	Penitentiaries of Jilava, Rahova, Craiova, Poarta Albă and Giurgiu 27/08/2003 - pending More than 14 years and 1 month and 13 days	0.6-2.5 m²	overcrowding (Penitentiaries of Jilava, Craiova and Poarta Albă), overcrowding (Rahova Penitentiary from 10/09/2004 to 28/09/2007 and 04/05/2010 to 06/05/2010), poor quality of food, poor quality of potable water (Jilava Penitentiary), insufficient number of sleeping places (Jilava Penitentiary between 2003 and 2004), lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents	5,000
9.	51777/15 23/11/2015	Ioan-Virgil Pancu 01/08/1973		Poarta Albă Penitentiary 17/08/2015 - pending More than 2 years and 2 months	1.4-1.6 m²	overcrowding, poor quality of food, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or inadequate hygienic facilities	3,000
10.	53903/15 26/01/2016	Aurel Bădilă 14/12/1960	Peter Irina Maria Bucharest	Teleorman Police Inspectorate 06/08/2012 to 30/01/2013 5 months and 25 days and 30/09/2015 to 07/10/2015 8 days   Giurgiu Penitentiary 30/01/2013 to 27/08/2015 2 years and 6 months and 29 days         Jilava Penitentiary 27/08/2015 to 30/09/2015 1 month and 4 days and 07/10/2015 to 26/08/2017 1 year and 10 months and 20 days	1.7-2.2 m²	no or restricted access to shower, lack of or insufficient physical exercise in fresh air         lack of or inadequate hygienic facilities, poor quality of food, lack of or insufficient physical exercise in fresh air, inadequate temperature, lack of fresh air, lack of or inadequate furniture   overcrowding, lack of or inadequate hygienic facilities, poor quality of potable water, poor quality of food, infestation of cell with insects/rodents, inadequate temperature, lack of fresh air, lack or inadequate furniture	5,000
11.	57661/15 12/01/2016	Gyula-Attila Ruzsa 02/09/1994	Chiriac Ovidiu Brașov	Penitentiaries of Gherla and Miercurea Ciuc 03/10/2014 to 08/01/2016 1 year and 3 months and 6 days	1.3-2.5 m²	overcrowding, poor quality of food, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture	3,000
12.	60373/15 08/01/2016	Viorel Mocan 17/02/1982	Peter Irina Maria Bucharest	Rahova Penitentiary 05/02/2015 to 19/03/2015 1 month and 15 days         Aiud Penitentiary 19/03/2015 to 31/03/2016 1 year and 13 days	2.4-2.7 m²	overcrowding (from 05/02/2015 to 26/02/2015), lack of or inadequate hygienic facilities, inadequate temperature, infestation of cell with insects/rodents, poor quality of food, lack or inadequate furniture   lack of or inadequate hygienic facilities, lack of fresh air, inadequate temperature, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air	3,000
13.	60914/15 04/01/2016	Florin Țăreanu 05/06/1990		Miercurea Ciuc Penitentiary 20/11/2014 - pending More than 2 years and 10 months and 20 days	0.9-2.7 m²	overcrowding, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of or insufficient natural light, mouldy or dirty cell	3,000
14.	60991/15 08/01/2016	Stan Panait 19/02/1964		Bucharest Central Arrest 19/11/2005 to 07/12/2005 19 days   Jilava Penitentiary Hospital and Penitentiaries of Jilava, Rahova and Giurgiu 07/12/2005 - pending More than 11 years and 10 months and 10 days	1.5 m²       1.7-2.7 m²	overcrowding, lack of or inadequate hygienic facilities, poor quality of food   overcrowding (Jilava Penitentiary and Rahova Penitentiary, save for the period of 26/07/2007 - 04/06/2008), lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air, poor quality of potable water (Jilava Penitentiary)	5,000
15.	61978/15 14/01/2016	Nicolae Dungă 12/01/1978	Peter Irina Maria Bucharest	Bucharest 13th Police Section 18/02/2011 to 07/03/2011 18 days   Bucharest Central Arrest 07/03/2011 to 19/04/2011 1 month and 13 days   Penitentiaries of Rahova, Giurgiu and Jilava 19/04/2011 - pending More than 6 years and 5 months and 22 days	1.8 m²       1.5-2.7 m²       1.4-2.4 m²	overcrowding, lack of privacy for toilet     overcrowding, lack of privacy for toilet     overcrowding (Penitentiaries of Rahova and Jilava), poor quality of potable water (Jilava Penitentiary), lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air	5,000
16.	1368/16 29/01/2016	Dan Aftenie 19/02/1973	Peter Irina Maria Bucharest	Sibiu Police Inspectorate 07/07/2009 to 14/09/2009 2 months and 8 days   Aiud Penitentiary 14/09/2009 - pending More than 8 years and 29 days	1.3 m²	poor quality of food, lack of fresh air, lack of or inadequate hygienic facilities   overcrowding (from 14/09/2009 to 02/11/2009), lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, lack of a place to serve meals, inadequate temperature, lack of fresh air, lack of or insufficient physical exercise in fresh air	5,000

 




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