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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> CIOBOTARU AND OTHERS v. ROMANIA - 23572/14 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2018] ECHR 500 (14 June 2018)
URL: http://www.bailii.org/eu/cases/ECHR/2018/500.html
Cite as: [2018] ECHR 500, ECLI:CE:ECHR:2018:0614JUD002357214, CE:ECHR:2018:0614JUD002357214
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FOURTH SECTION
CASE OF CIOBOTARU AND OTHERS v. ROMANIA
(Application no. 23572/14 and 3 others -
see appended list)
JUDGMENT
STRASBOURG
14 June 2018
This judgment is final but it may be subject to editorial revision.
In the case of Ciobotaru 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,
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.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 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, MurÅ¡ić 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 MurÅ¡ić, 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 RezmiveÈ™ 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, as well as the Government's objection concerning the application of the six-month rule to the continuous situation of the applicant's conditions of detention in case no. 41700/15, 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. APPLICATION OF ARTICLE 41 OF THE CONVENTION
11. 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."
12. Regard being had to the documents in its possession and to itscase-law (see, in particular, RezmiveÈ™ 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.13. 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 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 June 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)
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) | |
28/04/2014 | Vasilică Ciobotaru 04/06/1980 |
| Focșani Penitentiary 15/02/2013 to 05/09/2014 1 year and 6 months and 22 days
| 1.43 m² | Overcrowding, lack of toiletries, infestation of cell with insects/rodents | 3,000 | |
13/11/2014 | Marius Galan 18/09/1972 | Alina Gherman Iași | Iași Penitentiary and Botoșani Penitentiary 28/10/2011 - pending More than 6 years and 5 months and 17 days | 1.26-2.2 m² | Overcrowding, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, no or restricted access to shower, poor quality of food, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, inadequate temperature
| 5,000 | |
25/05/2015 | Marian Dragotă 18/11/1958 |
| Rahova Penitentiary 10/09/2014 to 21/01/2016 1 year and 4 months and 12 days | 1.93-2.4 m² | Overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of fresh air, inadequate temperature, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents
| 3,000 | |
16/10/2015 | Vasile-Adrian Panaite 14/06/1974 |
| Timișoara Arrest Centre 17/01/2009 to 15/03/2009 1 month and 27 days
Penitentiaries of Timișoara, Rahova and Arad 15/03/2009 to 14/10/2015 6 years and 7 months |
2 - 2.7 m² | inadequate sanitary facilities, lack of fresh air, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of toiletries, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents
Overcrowding (save for the periods between 05/11/2010-14/05/2012 and 25/05/2012-09/08/2012 while in Arad Penitentiary), bunk beds, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of fresh air, lack of or inadequate hygienic facilities, lack of toiletries, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, poor quality of food | 5,000 |
[1] Plus any tax that may be chargeable to the applicants.