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European Court of Human Rights

You are here: BAILII >> Databases >> European Court of Human Rights >> VASILIU AND OTHERS v. ROMANIA - 46404/15 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2019] ECHR 351 (16 May 2019)
URL: http://www.bailii.org/eu/cases/ECHR/2019/351.html
Cite as: [2019] ECHR 351

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FOURTH SECTION

CASE OF VASILIU AND OTHERS v. ROMANIA

( Application s no s . 46404/15and 10 others -

see appended list )

JUDGMENT

STRASBOURG

16 May 2019

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

In the case of Vasiliu and Others v. Romania ,

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

Georges Ravarani , President,
Marko Bošnjak ,
Péter Paczolay , judges ,
and Liv Tigerstedt Acting Deputy Section Registrar ,

Having deliberated in private on 25 April 2019 ,

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. Notice of the application s was given to the Romanian Government ("the Government").

THE FACTS

3. The list of applicant s and the relevant details of the applications are set out in the appended table.

4. The applicant s 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 applicant s 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. In application no. 46404/15the Government raised a preliminary objection of non-compliance with the admissibility criteria established by Article 35 § 2 (b) of the Convention, claiming that the applicant ' s complaint regarding his initial detention period was lodged out of time.

8. The Court observes that in application no. 46404/15the applicant ' s complaint regarding his initial detention in Giurgiu Prison, which ceased on 22 March 2012 by his transfer to another prison facility in respect of which he did not raise any complaint, was lodged with the Court on 5 January 2016, that is, more than six months after the transfer.

9. Therefore, the Court accepts the Government ' s objection and finds that this part of application no. 46404/15 w as lodged outside the six-month time-limit and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

10. The Court notes that the applicant s were kept in detention in poor conditions. The details of the applicant s ' 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. 42525/07and 60800/08, §§ 149 - 159, 10 January 2012).

11. In the leading case of Rezmiveș and Others v. Romania, nos. 61467/12and 3 others, 25 April 2017, the Court already found a violation in respect of issues similar to those in the present case.

12. 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 applications. Having regard to its case-law on the subject, the Court considers that in the instant case the applicant s ' conditions of detention were inadequate.

13. These applications are therefore admissible and disclose a breach of Article 3 of the Convention.

III. APPLICATION OF ARTICLE 41 OF THE CONVENTION

14. 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."

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

16. 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 application no. 46404/15inadmissible;

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 applicant s , 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 16 May 2019 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Georges Ravarani

Acting D eputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

( inadequate conditions of detention )

Application no. Date of introduction	Applicant ' s 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) [1]
46404/15 05/01/2016	Silviu -Daniel Vasiliu 30/04/1977 Represented by Beatrice-Irina Mănica , Bucharest	Giurgiu Prison 22/10/2012 to 29/10/2015 3 year(s) and 8 day(s)	1.67 - 2.67 m²	Overcrowding (save for the period 22/10/2012 to 20/10/2014), poor quality of food, lack of or inadequate hygienic facilities.	3,000
54423/15 05/02/2016	Marcel Mihai 05/11/1960	Piteşti Police and Colibaşi Prison 10/04/2004 pending More than 14 year(s) and 11 month(s) and 9 day(s)	1.71 - 2.36 m²	Overcrowding, lack or insufficient quantity of food, poor quality of food, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, inadequate temperature, lack of or insufficient electric light.	5,000
55601/15 27/11/2015	Aurel Tudorache 05/02/1987	Mărgineni , Iaşi and Arad Prisons 13/07/2010 to 10/08/2016 6 year(s) and 29 day(s)	1.28 - 2.19 m²	Overcrowding (save for the period of 23/04/2012 - 10/08/2016 in Arad Prison), infestation of cell with insects/rodents, poor quality of food, lack of or inadequate hygienic facilities, insufficient number of sleeping places, lack of or insufficient natural light.	5,000
58528/15 08/12/2015	Cezar-Mihai Niculescu 13/02/1982	Rahova and Colibaşi Prisons 08/10/2013 to 12/10/2015 2 year(s) and 5 day(s)	1.93 - 2.58 m²	Overcrowding	3,000
80/16 13/01/2016	Miklos Berszan 21/12/1943	Codlea Prison 29/01/2014 to 07/06/2016 2 year(s) and 4 month(s) and 10 day(s)	1.22 - 2.26 m²	Overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air.	3,000
3574/16 21/03/2016	Constantin Mihai 25/12/1971 Represented by Irina Maria Peter, Bucharest	Dolj Police, Craiova and Pelendava Prisons 14/08/2013 to 05/01/2016 2 year(s) and 4 month(s) and 23 day(s)	1.4 - 1.6 m²	Overcrowding, no or restricted access to toilet, no or restricted access to shower, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, mouldy or dirty cell, inadequate temperature, lack of or insufficient physical exercise in fresh air.	3,000
4234/16 08/02/2016	Adrian Tanţoş 31/01/1985	Bacău Police 21/03/2014 to 24/04/2014 1 month(s) and 4 day(s) Bacău Prison 24/04/2014 to 14/07/2015 1 year(s) and 2 month(s) and 21 day(s) Iaşi Prison 14/07/2015 to 02/10/2015 2 month(s) and 19 day(s) Vaslui Prison 02/10/2015 to 06/07/2016 9 month(s) and 5 day(s)	2.51 m² 1.51 m² 1.28 m² 2.45 m²	Overcrowding, poor quality of food, insufficient number of sleeping places; Overcrowding, poor quality of food, lack of fresh air, insufficient number of sleeping places, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air; Overcrowding, poor quality of food, insufficient number of sleeping places, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents; Overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, poor quality of food.	3,000
6468/16 09/03/2016	Mihai- Cătălin Roman 07/03/1988	Braşov Police, Codlea , Mărgineni and Gherla Prisons 18/11/2006 pending More than 12 year(s) and 4 month(s) and 2 day(s)	1.54 - 2.83 m²	Overcrowding (save for the periods of 04/12/2013 -16/06/2014, 11/03-27/06/2016, 05/10/2016 - 06/04/2017), lack of or inadequate hygienic facilities, lack of fresh air, poor quality of food, lack of or inadequate furniture, infestation of cell with insects/rodents.	5,000
8611/16 03/02/2016	Romulus Gogonea 04/07/1942	Craiova Prison 30/01/2015 to 26/05/2016 1 year(s) and 3 month(s) and 27 day(s)	1.19 - 1.75 m²	Overcrowding, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air.	3,000
16610/16 17/05/2016	Marian Volovei 26/08/1970	Râmnicu-Vâlcea Police, Craiova and Colibaşi Prisons 28/06/2001 Pending More than 17 year(s) and 8 month(s) and 20 day(s)	1.28 - 2.43 m²	Overcrowding, lack of or inadequate hygienic facilities, lack of or inadequate furniture.	5,000
18525/16 18/03/2016	Gábor Péter 03/12/1987	Codlea Prison 26/02/2013 to 19/01/2016 2 year(s) and 10 month(s) and 25 day(s)	1.1 - 2.73 m²	Overcrowding (save for the period of 06/05- 13/10/2015), bunk beds, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient electric light, lack of or inadequate furniture, poor quality of food.	3,000

No.

Application no.

Date of introduction

Applicant ' s 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) [1]

46404/15

05/01/2016

Silviu -Daniel Vasiliu

30/04/1977

Represented by

Beatrice-Irina Mănica ,

Bucharest

Giurgiu Prison

22/10/2012 to

29/10/2015

3 year(s) and 8 day(s)

1.67 - 2.67 m²

Overcrowding (save for the period 22/10/2012 to

20/10/2014), poor quality of food, lack of or inadequate hygienic facilities.

3,000

54423/15

05/02/2016

Marcel Mihai

05/11/1960

Piteşti Police and

Colibaşi Prison

10/04/2004

pending

More than 14 year(s) and 11 month(s) and 9 day(s)

1.71 - 2.36 m²

Overcrowding, lack or insufficient quantity of food, poor quality of food, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, inadequate temperature, lack of or insufficient electric light.

5,000

55601/15

27/11/2015

Aurel Tudorache

05/02/1987

Mărgineni , Iaşi and Arad Prisons

13/07/2010 to

10/08/2016

6 year(s) and 29

day(s)

1.28 - 2.19 m²

Overcrowding (save for the period of 23/04/2012 - 10/08/2016 in Arad Prison), infestation of cell with insects/rodents, poor quality of food, lack of or inadequate hygienic facilities, insufficient number of sleeping places, lack of or insufficient natural light.

5,000

58528/15

08/12/2015

Cezar-Mihai Niculescu

13/02/1982

Rahova and Colibaşi Prisons

08/10/2013 to

12/10/2015

2 year(s) and 5 day(s)

1.93 - 2.58 m²

Overcrowding

3,000

80/16

13/01/2016

Miklos Berszan

21/12/1943

Codlea Prison

29/01/2014 to

07/06/2016

2 year(s) and 4 month(s) and 10 day(s)

1.22 - 2.26 m²

Overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise

in fresh air.

3,000

3574/16

21/03/2016

Constantin Mihai

25/12/1971

Represented by

Irina Maria Peter,

Bucharest

Dolj Police, Craiova and Pelendava Prisons

14/08/2013 to

05/01/2016

2 year(s) and 4 month(s) and 23 day(s)

1.4 - 1.6 m²

Overcrowding, no or restricted access to toilet, no or restricted access to shower, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, mouldy or dirty cell, inadequate temperature, lack of or insufficient physical exercise

in fresh air.

3,000

4234/16

08/02/2016

Adrian Tanţoş

31/01/1985

Bacău Police

21/03/2014 to

24/04/2014

1 month(s) and 4 day(s)

Bacău Prison

24/04/2014 to

14/07/2015

1 year(s) and 2 month(s) and 21 day(s)

Iaşi Prison

14/07/2015 to

02/10/2015

2 month(s) and 19 day(s)

Vaslui Prison

02/10/2015 to

06/07/2016

9 month(s) and 5 day(s)

2.51 m²

1.51 m²

1.28 m²

2.45 m²

Overcrowding, poor quality of food, insufficient number of

sleeping places;

Overcrowding, poor quality of food, lack of fresh air, insufficient number of sleeping places, infestation of cell with insects/rodents, lack of or insufficient physical exercise

in fresh air;

Overcrowding, poor quality of food, insufficient number of sleeping places, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents;

Overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, poor quality of food.

3,000

6468/16

09/03/2016

Mihai- Cătălin Roman

07/03/1988

Braşov Police,

Codlea , Mărgineni and Gherla Prisons

18/11/2006

pending

More than 12 year(s) and 4 month(s) and 2 day(s)

1.54 - 2.83 m²

Overcrowding (save for the periods of 04/12/2013 -16/06/2014, 11/03-27/06/2016, 05/10/2016 - 06/04/2017), lack of or inadequate hygienic facilities, lack of fresh air, poor quality of food, lack of or inadequate furniture, infestation of cell with insects/rodents.

5,000

8611/16

03/02/2016

Romulus Gogonea

04/07/1942

Craiova Prison

30/01/2015 to

26/05/2016

1 year(s) and 3 month(s) and 27 day(s)

1.19 - 1.75 m²

Overcrowding, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air.

3,000

16610/16

17/05/2016

Marian Volovei

26/08/1970

Râmnicu-Vâlcea Police, Craiova and Colibaşi Prisons

28/06/2001

Pending

More than 17 year(s) and 8 month(s) and 20 day(s)

1.28 - 2.43 m²

Overcrowding, lack of or inadequate hygienic facilities, lack of or inadequate furniture.

5,000

18525/16

18/03/2016

Gábor Péter

03/12/1987

Codlea Prison

26/02/2013 to

19/01/2016

2 year(s) and 10 month(s) and 25 day(s)

1.1 - 2.73 m²

Overcrowding (save for the period of 06/05- 13/10/2015), bunk beds, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient electric light, lack of or inadequate furniture, poor quality of food.

3,000

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