European Court of Human Rights

 

 

FOURTH SECTION

CASE OF DUMITRACHE AND OTHERS v. ROMANIA

(Application no. 58771/16 and 9 others –

see appended list)

 

 

 

 

 

 

JUDGMENT

STRASBOURG

2 December 2021

 

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

In the case of Dumitrache and Others v. Romania,

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

          Armen Harutyunyan, President,
          Jolien Schukking,
          Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 10 November 2021,

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 Romanian Government (“the Government”) were given notice of the applications.

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, 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, §§ 149‑59, 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 and the arguments raised by the parties, including the Government’s objection related to the non‑exhaustion of domestic remedies, 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 (including its findings in the recent case of Polgar v. Romania, no. 39412/19, §§ 94-97, 20 July 2021), the Court considers that in the instant case the applicants’ conditions of detention, as described in the table appended below, were inadequate.

10.  These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

III.   REMAINING COMPLAINTS

11.  In applications nos. 32310/17, 32317/17 and 34289/17, the applicants 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, cited above), 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 specified in the appended table, admissible, and the remainder of the applications inadmissible;

3.      Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention for the periods specified in the appended table bellow;

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 2 December 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina                                                       Armen Harutyunyan
Acting Deputy Registrar                                                            President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention)