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URL: http://www.bailii.org/eu/cases/ECHR/2018/388.html
Cite as: CE:ECHR:2018:0503JUD004455413, ECLI:CE:ECHR:2018:0503JUD004455413, [2018] ECHR 388

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FOURTH SECTION

CASE OF NICULA AND OTHERS v. ROMANIA

(Application nos. 44554/13 and 2 others -

see appended list)

JUDGMENT

STRASBOURG

3 May 2018

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

In the case of Nicula 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 12 April 2018,

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. In application no. 31497/14, the applicant 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 leading 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. In application no. 31497/14, the applicant also raised other complaints under Article 3 of the Convention.

12. The Court has examined the application 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 application 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. The applicants failed to respond to the Court's letters inviting them to submit their just satisfaction claims in accordance with Rule 60 of the Rules of the Court. Therefore, the Court makes no award to the applicants.

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 application no. 31497/14 inadmissible;

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

Done in English, and notified in writing on 3 May 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv TigerstedtVincent A. De Gaetano
Acting Deputy RegistrarPresident

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	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)
	44554/13 03/07/2013	Daniel Nicula 11/12/1982	Slobozia Penitentiary 31/07/2012 to 16/01/2014 1 year(s) and 5 month(s) and 17 day(s)	1.32-2 m²	Overcrowding, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, poor quality of food.	0
	65522/13 11/10/2013	Valentin-Dorin Păvălucă 11/10/1984	Bacău Police Inspectorate and Bacău Penitentiary 23/09/2011 to 22/10/2013 2 year(s) and 1 month(s)	1.89-2.24 m²	Overcrowding, no or restricted access to shower, lack of privacy for toilet, lack of or inadequate hygienic facilities, inadequate temperature, no or restricted access to warm water.	0
	31497/14 19/05/2014	Vilmos Pop 04/01/1983	Satu Mare Penitentiary 10/08/2011 to 03/03/2015 3 year(s) and 6 month(s) and 22 day(s)	1.4-1.94 m²	Overcrowding, poor quality of food, infestation of cell with insects/rodents.	0