European Court of Human Rights

 

 

 

FOURTH SECTION

CASE OF BĂNCILĂ AND OTHERS v. ROMANIA

(Application no. 35045/16 and 9 others –

see appended list)

 

 

 

 

 

 

JUDGMENT

STRASBOURG

16 December 2021

 

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

In the case of Băncilă 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 25 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 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, §§ 122‑41, 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 objections 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 appended table 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. 35045/16, 35169/16, 35368/16, 54279/16 and 54853/16 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 and Polgar, both 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, for the periods 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 below;

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 16 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)

 

No.	Application no. Date of introduction	Applicant’s name Year of birth	Representative’s 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]
	35045/16 11/08/2016	Raul-Alin BĂNCILĂ 1976	Karaksony Margareta Vulcan	Aiud Prison 23/08/2012 to 31/03/2017 4 year(s) and 7 month(s) and 9 day(s)     Aiud and Bârcea Mare-Deva Prisons 18/04/2017 to 12/09/2017 4 month(s) and 26 day(s)	1.35-2.84 m²             2.03-2.69 m²	overcrowding (except for the period 22/11/2013-25/06/2014), bunk beds, constant electric light, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, lack or inadequate furniture, lack or insufficient quantity of food, mouldy or dirty cell, no or insufficient disinfection of barbering and haircutting tools, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, poor quality of food, lack of or restricted access to leisure or educational activities	5,000
	35169/16 13/06/2016	Florin Liviu MARA 1951	Filişan Cătălin Gabriel Constanta	Poarta Albă Prison 02/10/2015 to 12/01/2016 3 month(s) and 11 day(s)	2.14 m²	overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of toiletries, lack or inadequate furniture, lack or insufficient quantity of food, mouldy or dirty cell, no or restricted access to potable water, no or restricted access to running water, no or restricted access to warm water, poor quality of food	1,000
	35368/16 14/09/2016	Mircea-Ionuț COȘMELEAȚĂ 1980	Țană Mihnea Nicolae Slatina	Craiova, Drobeta-Turnu Severin and Jilava Prisons, Colibași Prison Hospital 29/11/2012 to 14/06/2016 3 year(s) and 6 month(s) and 17 day(s)	1.29-2.22 m²	overcrowding (except for the period 10/01/2013-21/01/2013), constant electric light, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack or insufficient quantity of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, passive smoking, poor quality of food	3,000
	35375/16 13/07/2016	Anton-Petre SZABO 1968		Timișoara Prison 11/12/2015 to 07/02/2017 1 year(s) and 1 month(s) and 28 day(s)	1.33-1.42 m²	bunk beds, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, lack or insufficient quantity of food, mouldy or dirty cell, overcrowding, poor quality of food	3,000
	37545/16 10/10/2016	Mihai BUZATU 1989	Mițaru Marian, Târgu-Jiu	Târgu-Jiu Prison 26/02/2015 to 12/07/2016 1 year(s) and 4 month(s) and 17 day(s)	1.22-1.27 m²	overcrowding, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, lack or inadequate furniture, lack or insufficient quantity of food, mouldy or dirty cell, poor quality of food	3,000
	54279/16 01/11/2016	Adrian MACOVEI 1965		Jilava Prison 18/07/2014 to 14/10/2017 3 year(s) and 2 month(s) and 27 day(s)	1.43-2.15 m²	overcrowding, constant electric light, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of toiletries, lack or inadequate furniture, lack or insufficient quantity of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, poor quality of food	3,000
	54853/16 14/09/2016	Peiro Gino BROGGIO 1964	Iuga Nicoleta Arad	Timișoara and Arad Prisons 01/12/2015 to 22/06/2016 6 month(s) and 22 day(s)	2.08-2.5 m²	overcrowding (except for the period 01/12/2015-07/03/2016), infestation of cell with insects/rodents, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack or insufficient quantity of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, poor quality of food	1,000
	55643/16 05/10/2016	Árpád MAJLÁTH 1969		Sfântul Gheorghe County Police Station, Codlea, Mărgineni, Miercurea-Ciuc, Bârcea Mare - Deva Prisons and Dej Prison Hospital 28/07/2012 to 26/09/2017 5 year(s) and 1 month(s) and 30 day(s)	1.41-2.31 m²	overcrowding (except for 18/09/2012-20/09/2012, 07/06/2013-13/06/2013, 03/12/2013-09/12/2013, 03/10/2014-13/01/2016, 25/04/2014-08/05/2014)  bunk beds, inadequate temperature, infestation of cell with insects/rodents, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of or restricted access to leisure or educational activities, lack or inadequate furniture, lack or insufficient quantity of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, poor quality of food	5,000
	56513/16 20/02/2017	Nicolae SAVU 1977		Bucharest Police detention facility no. 13, Rahova, Giurgiu, Jilava and Focșani Prisons 06/12/2012 to 17/01/2017 4 year(s) and 1 month(s) and 12 day(s)	1.34-2.88 m²	overcrowding (except for the period 06/12/2012-22/01/2013), lack of or inadequate hygienic facilities, lack of privacy for toilet, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to running water, no or restricted access to warm water, poor quality of potable water, lack of fresh air, no or restricted access to shower	3,000
	57559/16 15/11/2016	Marioara GÎNDAC 1967		Târgșorul Nou Prison 25/10/2013 to 12/09/2016 2 year(s) and 10 month(s) and 19 day(s)	1.72-2.84 m²	overcrowding (except for 07/11/2014-21/01/2015), bunk beds, constant electric light, infestation of cell with insects/rodents, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of toiletries, lack or inadequate furniture, lack or insufficient quantity of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, poor quality of food	3,000