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European Court of Human Rights

You are here: BAILII >> Databases >> European Court of Human Rights >> IULIAN AND OTHERS v. ROMANIA - 29349/16 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2021] ECHR 1118 (16 December 2021)
URL: http://www.bailii.org/eu/cases/ECHR/2021/1118.html
Cite as: CE:ECHR:2021:1216JUD002934916, [2021] ECHR 1118, ECLI:CE:ECHR:2021:1216JUD002934916
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FOURTH SECTION

CASE OF IULIAN AND OTHERS v. ROMANIA

(Application no. 29349/16 and 19 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 Iulian 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 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 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 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 application no. 9465/17, the applicant also raised other complaints under Article 3 of the Convention.


12.  The Court has examined this 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.  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 further 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 application no. 9465/17 inadmissible;

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

           {signature_p_2}

      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]

 

29349/16

22/06/2016

Florin IULIAN

1979

 

 

Constanța County Police Station; Poarta Albă Prison Hospital; Poarta Albă (including Valu lui Traian), Rahova, Slobozia and Tulcea Prisons

28/03/2011 to

05/10/2016

5 year(s) and 6 month(s) and 8 day(s)

1.32-2.97 m˛

overcrowding (save for 28/03/2011-26/04/2011; 06-18/05/2011; 25/06-02/07/2012; 11/07-28/09/2012; 03-19/10/2012; 28/04-06/05/2011; 03-10/06/2013), lack of or insufficient electric light, infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, lack of fresh air, poor quality of food, mouldy or dirty cell, no or restricted access to running water, no or restricted access to warm water, lack of privacy for toilet, inadequate temperature, bunk beds, poor quality of potable water

5,000

 

61630/16

14/12/2016

Mihai-Alexandru COJOCARU

1969

 

 

Gorj County Police Station; Târgu Jiu, Craiova and Rahova Prisons

25/09/2008 to

13/12/2016

8 year(s) and 2 month(s) and 19 day(s)

1.02-3 m˛

overcrowding, lack of or poor quality of bedding and bed linen, no or insufficient disinfection of barbering and haircutting tools, lack of toiletries, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to shower, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, constant electric light, bunk beds, lack of or restricted access to leisure or educational activities, poor quality of food, insufficient number of sleeping places, lack of or insufficient electric light, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, inadequate temperature

5,000

 

62607/16

19/10/2016

Alexandru CIOROIANU

1960

Constantin Fuiorea-Drăgan

Târgu Jiu

Gorj County Police Station; Craiova, Rahova, Giurgiu and Târgu Jiu Prisons

22/03/2011 to

28/06/2016

5 year(s) and 3 month(s) and 7 day(s)

1-2.84 m˛

overcrowding (save for 22– 28/03/2011), lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, bunk beds, mouldy or dirty cell, insufficient number of sleeping places, no or restricted access to warm water, lack of toiletries, inadequate temperature, poor quality of potable water, poor quality of food, no or restricted access to shower, lack of or inadequate hygienic facilities

5,000

 

78205/16

04/02/2017

Lucian GĂINĂ

1985

Irina Maria Peter

Bucharest

Bucharest Central Arrest; Rahova, Jilava and Găești Prisons

26/05/2014 to

10/09/2016

2 year(s) and 3 month(s) and 16 day(s)

1.35-2.79 m˛

overcrowding (save for 20/10/2014-18/02/2015; 10/06-03/07/2015), lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack or inadequate furniture, poor quality of food, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, lack of toiletries, bunk beds, mouldy or dirty cell, infestation of cell with insects/rodents, inadequate temperature, lack of fresh air, no or restricted access to running water, no or restricted access to warm water, lack of or inadequate hygienic facilities, poor quality of potable water

3,000

 

79399/16

02/02/2017

Ionuț-Alexandru CONSTANTIN

1985

 

 

Bucharest Central Arrest; Jilava, Giurgiu, Mărgineni, Miercurea Ciuc, Târgu Jiu and Ploiești Prisons

02/01/2005 to

13/10/2017

12 year(s) and 9 month(s) and 12 day(s)

1.07-2.87 m˛

overcrowding (save for 26/05-07/06/2016), bunk beds, insufficient number of sleeping places, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to shower, no or restricted access to warm water, lack of fresh air, lack of or insufficient physical exercise in fresh air, poor quality of food, mouldy or dirty cell, poor quality of potable water, lack of or restricted access to leisure or educational activities, inadequate temperature, no or restricted access to running water

5,000

 

79507/16

07/03/2017

Constantin BUCIOVEANU

1973

 

 

Bucharest Police Detention Facility no. 8 and Rahova, Găești and Jilava Prisons

20/12/2012 to

14/09/2016

3 year(s) and 8 month(s) and 26 day(s)

1.19-2.73 m˛

overcrowding (save for 20/12/2012-08/01/2013; 01-31/07/2013), lack of or insufficient natural light, lack of fresh air, inadequate temperature, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, infestation of cell with insects/rodents

3,000

 

425/17

25/01/2017

Aleksandar TSONEV

1980

Peter Irina Maria

Bucharest

Bucharest Police Detention Facility no. 3; Giurgiu, Jilava, Rahova and Găești Prisons

04/06/2010 to

21/09/2016

6 year(s) and 3 month(s) and 18 day(s)

1.10-2.92 m˛

overcrowding (save for 19/10/2015-15/09/2016), bunk beds, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, infestation of cell with insects/rodents, inadequate temperature, mouldy or dirty cell, lack of or insufficient natural light, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, no or restricted access to toilet, no or restricted access to warm water, poor quality of potable water, no or restricted access to shower

5,000

 

846/17

20/01/2017

Cătălin-Iulian ŞERBAN

1980

 

 

Bucharest Central Arrest; Rahova, Jilava, Giurgiu, Mărgineni and Găești Prisons

30/06/2009 to

30/08/2017

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

1.02-2.86 m˛

overcrowding (save for 06-10/08/2009; 17/10-09/11/2016), infestation of cell with insects/rodents, lack of privacy for toilet, no or restricted access to warm water, mouldy or dirty cell, lack or inadequate furniture, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, 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, lack of or restricted access to leisure or educational activities, no or restricted access to running water, no or restricted access to potable water, no or restricted access to toilet, inadequate temperature, poor quality of potable water, no or insufficient disinfection of barbering and haircutting tools, lack of or inadequate hygienic facilities, lack or insufficient quantity of food

5,000

 

4540/17

03/01/2017

Ovidiu NAGY

1992

Vasile Rareş Biro

Satu Mare

Satu Mare County Police Station; Oradea, Târgu Mureș and Satu Mare Prisons

05/08/2011 to

19/07/2016

4 year(s) and 11 month(s) and 15 day(s)

1.17-2.76 m˛

overcrowding (save for 13/02-01/03/2012), bunk beds, no or restricted access to toilet, lack of fresh air, lack or inadequate furniture, poor quality of food, lack of or poor quality of bedding and bed linen, no or restricted access to shower, infestation of cell with insects/rodents, no or restricted access to warm water, mouldy or dirty cell, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air

3,000

 

4547/17

03/01/2017

Lucian-Cristian DOBOEȘ

1985

Vasile Rareş Biro

Satu Mare

Maramureș County Police Station; Baia Mare, Gherla and Rahova Prisons

12/05/2011 to

20/12/2016

5 year(s) and 7 month(s) and 9 day(s)

1.17-2.73 m˛

overcrowding (save for 12-16/05/2011), inadequate temperature, lack or inadequate furniture, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet, mouldy or dirty cell, poor quality of food, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, bunk beds, infestation of cell with insects/rodents, poor quality of potable water, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities

5,000

 

5191/17

06/01/2017

Gheorghe Aurelian MARIAN

1981

Vasile Rareş Biro

Satu Mare

Oradea, Satu Mare Prisons

24/12/2015 to

07/06/2017

1 year(s) and 5 month(s) and 15 day(s)

1.3-2.37 m˛

overcrowding, bunk beds, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to shower, no or restricted access to warm water, mouldy or dirty cell, lack of or insufficient natural light, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of fresh air, constant electric light, lack of or restricted access to leisure or educational activities

3,000

 

5364/17

06/02/2017

Tiberiu FEIER

1987

 

 

Cluj County Police Station; Gherla, Oradea and Bistrița Prisons

12/04/2013 to

22/03/2017

3 year(s) and 11 month(s) and 11 day(s)

1.56-2.88 m˛

overcrowding (save for 07-27/10/2015), lack of fresh air, mouldy or dirty cell, no or restricted access to toilet, poor quality of food, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, infestation of cell with insects/rodents

3,000

 

5368/17

23/02/2017

Dan-Ioan CILEAN

1981

 

 

Bistrița Prison

21/06/2016 to

13/06/2017

11 month(s) and 24 day(s)

2.17-2.35 m˛

overcrowding, bunk beds, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, lack of or inadequate hygienic facilities

1,000

 

6084/17

14/02/2017

Vlad-Andrei VLONGA

1981

Irina Maria Peter

Bucharest

Bucharest Police Detention Facility no. 9; Rahova, Mioveni (Colibași) and Jilava Prisons

16/06/2011 to

17/01/2017

5 year(s) and 7 month(s) and 2 day(s)

1.24-2.98 m˛

overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet, lack or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, no or restricted access to toilet, no or restricted access to shower, infestation of cell with insects/rodents, inadequate temperature, mouldy or dirty cell, lack of or inadequate hygienic facilities, poor quality of potable water

5,000

 

8074/17

06/03/2017

Nelu CERCEL

1964

 

 

Slobozia and Poarta Albă Prisons

13/07/2011 to

22/08/2017

6 year(s) and 1 month(s) and 10 day(s)

1.38-2.53 m˛

overcrowding (save for 22-28/04/2014; 18-21/04/2016), bunk beds, lack of or insufficient natural light, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to warm water, mouldy or dirty cell, no or restricted access to shower, lack or inadequate furniture, poor quality of food

5,000

 

9465/17

10/04/2017

Ionuț-Alexandru LAZĂR

1983

 

 

Rahova and Jilava Prisons

05/09/2016 to

23/05/2017

8 month(s), 16 day(s)

1.47-2.44 m˛

overcrowding (save for 12-15/05/2017), bunk beds

1,000

 

10686/17

07/03/2017

Octavian MOTOI

1959

Irina Maria Peter

Bucharest

Rahova, Jilava and Focşani Prisons; Jilava Prison Hospital

16/10/2015 to

26/01/2017

1 year(s) and 3 month(s) and 11 day(s)

1.27-2.38 m˛

overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack or inadequate furniture, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, poor quality of potable water, no or restricted access to toilet, shower or running water

3,000

 

13712/17

21/04/2017

Elena FOTA

1951

 

 

Craiova and Târgşor Prisons

08/07/2015 to

31/01/2017

1 year(s) and 6 month(s) and 24 day(s)

0.85-2.74 m˛

overcrowding (save for 14/06-05/12/2016), bunk beds, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to shower, lack or inadequate furniture, poor quality of food, lack of toiletries

3,000

 

28966/17

03/04/2017

Rareș CHEBELEU

1989

Nicoleta Iuga

Arad

Arad County Police Station; Arad and Timișoara Prisons

27/06/2015 to

26/10/2016

1 year(s) and 3 month(s) and 30 day(s)

2.25 m˛

overcrowding (save for 27/06-17/12/2015), lack of fresh air, lack of or insufficient natural light, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet, poor quality of food, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, infestation of cell with insects/rodents, lack of privacy for toilet, mouldy or dirty cell

3,000

 

57441/17

31/07/2017

Ioan BÎRSAN

1964

Andreea-Gabriela Cadar

Galați

Mărgineni, Bacău, Botoşani and Poarta Albă Prisons

07/11/2005 to

26/05/2017

11 year(s), 6 month(s), 20 day(s)

0.71-2.5 m˛

overcrowding, bunk beds, insufficient number of sleeping places, no or restricted access to running water, no or restricted access to warm water, lack of or inadequate hygienic facilities, poor quality of food, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to shower, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of or insufficient electric light, lack or inadequate furniture, lack of toiletries, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, lack or insufficient quantity of food

5,000

 


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

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