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You are here: BAILII >> Databases >> European Court of Human Rights >> GRECU AND OTHERS v. ROMANIA - 73686/16 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2022] ECHR 153 (10 February 2022)
URL: http://www.bailii.org/eu/cases/ECHR/2022/153.html
Cite as: [2022] ECHR 153
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FOURTH SECTION
CASE OF GRECU AND OTHERS v. ROMANIA
(Application no. 73686/16 and 9 others –
see appended list)
JUDGMENT
STRASBOURG
10 February 2022
This judgment is final but it may be subject to editorial revision.
In the case of Grecu 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 Depty Section Registrar,
Having deliberated in private on 20 January 2022,
Delivers the following judgment, which was adopted on that date:
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 applications nos. 9179/17, 13242/17, 14064/17, 46683/17 and 49808/17 the applicants also raised other complaints under Article 3 of the Convention.
12. The Court has examined these applications 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 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 the applications inadmissible;
3. Holds that these complaints 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 10 February 2022, 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)
|
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] | |
|
|
73686/16 02/02/2017 |
Marian GRECU 1970 |
|
Jilava Prison 07/05/2015 to 17/11/2016 1 year(s) and 6 month(s) and 11 day(s) |
1.79-2.20 m˛ |
overcrowding (save for 09‑10/06/2016), bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, lack or inadequate furniture, mouldy or dirty cell, no or insufficient disinfection of barbering and haircutting tools, no or restricted access to warm water, poor quality of food, poor quality of potable water |
3,000 |
|
|
7337/17 21/02/2017 |
Cengiz CATALTEPE 1986 |
Irina Maria Peter Bucharest |
Bucharest Central Arrest, Bucharest Police detention facility no. 4, Rahova, Jilava and Găesti Prisons 13/03/2014 to 26/01/2017 2 year(s) and 10 month(s) and 14 day(s) |
1.35-2.76 m˛ |
overcrowding (save for 06‑07/10/2016), infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, mouldy or dirty cell, poor quality of food, lack or inadequate furniture, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, lack of fresh air, lack of or insufficient natural light, constant electric light, lack of or inadequate hygienic facilities, poor quality of potable water |
3,000 |
|
|
9179/17 27/02/2017 |
Ionel-Florin COSTACHE 1980 |
|
Tulcea and Jilava Prisons 23/05/2016 to 27/02/2017 9 month(s) and 6 day(s)
Jilava Prison 16/03/2017-30/05/2017 2 month(s) and 14 day(s) |
1.39-2.08 m˛
1.30-1.60 m˛ |
overcrowding
overcrowding |
1,000 |
|
|
11047/17 03/02/2017 |
Oancea ANTON 1962 |
Ionela Mărgărit Bucharest |
Brăila, Galaţi and Tulcea Prisons 21/12/2006 to 28/12/2016 10 year(s) and 8 day(s) |
1.16-2.25 m˛ |
overcrowding (save for 27/02‑04/03/2012), poor quality of food, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of potable water, no or restricted access to running water, mouldy or dirty cell, bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to warm water, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air |
5,000 |
|
|
12613/17 06/02/2017 |
Florin ARDELEAN 1987 |
Vasile Rareş Biro Satu Mare |
Rahova, Jilava and Satu Mare Prisons 08/05/2015 to 28/12/2016 1 year(s) and 7 month(s) and 21 day(s) |
1.17-2.06 m˛ |
overcrowding (save for 08‑28/05/2015), lack of or inadequate hygienic facilities, poor quality of food, lack of fresh air, lack or inadequate furniture, lack of or insufficient natural light, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to shower, mouldy or dirty cell, inadequate temperature |
3,000 |
|
|
13242/17 28/03/2017 |
Daniel POPESCU 1982 |
|
Rahova and Jilava Prisons 25/11/2014 to 30/03/2017 2 year(s) and 4 month(s) and 6 day(s) |
1.51-2.45 m˛ |
overcrowding (save for 03‑05/02/2015), lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, poor quality of food, poor quality of potable water, inadequate temperature, no or restricted access to shower, no or restricted access to warm water, lack of toiletries, infestation of cell with insects/rodents, bunk beds, lack of or restricted access to leisure or educational activities |
3,000 |
|
|
14064/17 05/03/2017 |
Gheorghe PUTINEANU 1977 |
Irina Maria Peter Bucharest |
Jilava and Găeşti Prisons 12/06/2015 to 30/11/2016 1 year(s) and 5 month(s) and 19 day(s) |
1.36-2.64 m˛ |
overcrowding (save for 11/07‑05/08/2016; 11/08-30/11/2016), bunk beds, no or restricted access to shower, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of potable water, poor quality of food, lack or inadequate furniture, inadequate temperature, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient physical exercise in fresh air |
3,000 |
|
|
46055/17 19/06/2017 |
Robert RĂSCĂRACHE 1988 |
Andreea-Gabriela Cadar Galați |
Slobozia, Rahova and Poarta Albă Prisons; Poarta Albă Prison Hospital 09/11/2011 to 19/04/2017 5 year(s) and 5 month(s) and 11 day(s) |
1.23-2.94 m˛ |
overcrowding (save for 23-25/09/2013; 31/03-14/04/2015), bunk beds, lack of or inadequate hygienic facilities, poor quality of potable water, no or restricted access to running water, lack of toiletries, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack of or insufficient electric light, inadequate temperature, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or restricted access to leisure or educational activities, lack of privacy for toilet, no or restricted access to toilet, no or restricted access to warm water, no or restricted access to shower, no or restricted access to potable water, lack of fresh air |
5,000 |
|
|
46683/17 22/06/2017 |
Nicolae GAVRILESCU 1976 |
Andreea-Gabriela Cadar Galați |
Poarta Albă and Rahova Prisons 06/10/2016 to 23/01/2017 3 month(s) and 18 day(s) |
1.76-2.08 m˛ |
overcrowding (save for 20‑23/01/2017), poor quality of potable water, no or restricted access to warm water, no or restricted access to shower, mouldy or dirty cell, lack of or insufficient electric light, lack of fresh air, inadequate temperature, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, no or restricted access to toilet, lack of or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen |
1,000 |
|
|
49808/17 30/06/2017 |
Daniel RADU 1981 |
Andreea-Gabriela Cadar Galați |
Poarta Albă Prison 21/06/2016 to 05/01/2017 6 month(s) and 16 day(s)
Slobozia Prison 16/01/2017 to 13/02/2017 28 day(s)
Poarta Albă Prison 02/03/2017 to 11/05/2017 2 month(s) and 9 day(s) |
1.49-1.71 m˛
-
1.89-2.00 m˛ |
overcrowding, bunk beds, no or restricted access to running water, no or restricted access to warm water, 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 of or insufficient natural light, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of toiletries, poor quality of potable water
poor quality of potable water, no or restricted access to toilet, lack of or inadequate hygienic facilities, no or restricted access to warm water, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air
overcrowding, bunk beds, no or restricted access to running water, no or restricted access to warm water, 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 of or insufficient natural light, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or inadequate hygienic facilities, lack of toiletries, poor quality of potable water, no or restricted access to toilet |
1,000 |