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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> BALUI AND OTHERS v. ROMANIA - 5077/15 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2022] ECHR 353 (05 May 2022)
URL: http://www.bailii.org/eu/cases/ECHR/2022/353.html
Cite as: [2022] ECHR 353, ECLI:CE:ECHR:2022:0505JUD000507715, CE:ECHR:2022:0505JUD000507715
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FOURTH SECTION
CASE OF BĂLUI AND OTHERS v. ROMANIA
(Applications nos. 5077/15 and 19 others - see appended list)
JUDGMENT
STRASBOURG
5 May 2022
This judgment is final but it may be subject to editorial revision.
In the case of Bălui 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 7 April 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 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 Government raised a preliminary objection concerning loss of victim status by some of the applicants for the periods of detention specified in the appended table because they were afforded adequate redress based on Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences for those specific periods of detention.
8. The Court notes that the domestic remedy introduced in respect of inadequate conditions of detention in Romania and applicable until December 2019 was held to be an effective one in the case of Dîrjan and Ştefan v. Romania ((dec.), nos. 14224/15 and 50977/15, §§ 23-33, 15 April 2020). This remedy was available to the applicants in the present applications, and they were, indeed, afforded adequate redress for certain periods of detention (for details see the appended table).
9. Therefore, the Court accepts the Government’s objection and finds that these parts of the applications are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
10. Turning to the remaining periods of the applicants’ detention as specified in the appended table, 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, §§ 149‑159, 10 January 2012).
11. 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.
12. 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 in some cases, 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 bellow, were inadequate.
13. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
III. REMAINING COMPLAINTS
14. In applications nos. 5077/15, 9635/15, 8785/16, 18189/16, 23665/16, 24590/16, 27283/16, 28169/16, 28518/16, 36266/16, 36584/16, 43704/16, 52022/16, 61416/16 and 54392/17 the applicants also raised other complaints under Article 3 of the Convention.
15. 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
16. 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.”
17. 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.
18. 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, as 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 5 May 2022, 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)
|
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 |
Domestic compensation awarded (in days) based on total period calculated domestically |
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1]
| |
|
|
5077/15 23/05/2015 |
Marian BĂLUI 1979 |
|
Mărgineni Prison 24/07/2019 to 11/10/2019 2 month(s) and 18 day(s)
Mioveni and Mărgineni Prisons 12/11/2019 to 30/06/2020 7 month(s) and 19 day(s) |
0.8-1.3 m˛ |
overcrowding, poor quality of food, lack of or insufficient natural light |
444 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 05/12/2019, save for the periods mentioned in Column no. 5 and other short periods of time spent in detention facilities about which he did not complain |
1,000 |
|
|
9635/15 10/03/2015 |
Ioan SIMA 1955 |
|
Gherla Prison 13/07/2012 to 23/07/2012 11 day(s)
Gherla Prison and Dej Prison Hospital 27/09/2012 to 04/10/2013 1 year(s) and 8 day(s)
Gherla Prison and Dej Prison Hospital 05/12/2013 to 06/02/2014 2 month(s) and 2 day(s)
Gherla Prison and Dej Prison Hospital 19/02/2014 to 09/02/2018 3 year(s) and 11 month(s) and 22 day(s)
Arad and Gherla Prisons 08/03/2018 to 02/04/2018 26 day(s)
Arad and Gherla Prisons 10/05/2018 to 27/08/2018 3 month(s) and 18 day(s)
Arad Prison 15/10/2018 to 29/10/2018 15 day(s)
Arad and Gherla Prisons 12/11/2018 to 23/01/2019 2 month(s) and 12 day(s)
Arad Prison 11/02/2019 to 26/08/2019 6 month(s) and 16 day(s)
Arad and Gherla Prisons 12/09/2019 to 27/07/2021 1 year(s) and 10 month(s) and 16 day(s) |
1.33-2.42 m˛ |
overcrowding (save for certain periods), poor quality of food, infestation of cell with insects/rodents |
60 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 19/02/2014 and from 20/02/2018 to 12/09/2019, save for the periods mentioned in Column no. 5 |
5,000 |
|
|
8785/16 18/03/2016 |
Laurențiu-Dumitru ANGHEL 1983 |
|
Rahova, Mărgineni, Aiud and Giurgiu Prisons 13/02/2019 pending More than 3 year(s) and 3 day(s) |
2.2-3 m˛ |
overcrowding (save for certain periods), infestation of cell with insects/rodents, no or restricted access to toilet |
444 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 12/02/2019 |
3,000 |
|
|
11428/16 22/03/2016 |
Florian CIURAR 1972 |
Satu Mare |
Bihor Police 09/01/2013 to 03/02/2013 26 day(s) |
3.57-4.76 m˛ |
overcrowding (the indicated surfaces included the toilet and shower, which were situated in the room), lack or inadequate furniture, lack of fresh air |
342 days in compensation for a total period of detention spent in inadequate conditions from 04/02/2013 to 07/11/2017 |
1,000 |
|
|
15656/16 25/04/2016 |
Marian COSTACHE 1969 |
Bucharest |
Argeș County Police, Jilava and Rahova Prison Hospitals and Arad, Colibași, Craiova, Giurgiu, Jilava, Rahova and Turnu Severin Prisons 11/11/2002 to 23/07/2012 9 year(s) and 8 month(s) and 13 day(s) |
1.1-2.81 m˛ |
overcrowding, poor quality of food, infestation of cell with insects/rodents |
348 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 29/01/2018 |
5,000 |
|
|
18185/16 16/05/2016 |
Petrică-Valentin DASCĂLU 1968 |
Irina Maria Peter Bucharest |
Focșani Police, Jilava and Rahova Prison Hospitals and Aiud, Focșani, Galați and Jilava Prisons 18/10/2004 to 23/07/2012 7 year(s) and 9 month(s) and 6 day(s) |
0.8-2.5 m˛ |
overcrowding, insufficient number of sleeping places, mouldy or dirty cell, inadequate temperature |
510 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 26/07/2019 |
5,000 |
|
|
18189/16 15/11/2016 |
Marius BOGDAN 1971 |
Irina Maria Peter Bucharest |
Dej and Colibași Prison Hospitals and Aiud, Arad, Bistrița, Craiova, Deva and Rahova Prisons 30/06/1994 to 22/06/2016 21 year(s) and 11 month(s) and 24 day(s)
Aiud and Deva Prisons 04/07/2016 to 16/03/2017 8 month(s) and 13 day(s)
Deva Prison 19/04/2017 to 27/04/2017 9 day(s) |
1.29-2.87 m˛ |
overcrowding (save for specific periods), no or restricted access to toilet, no or restricted access to shower, lack of or insufficient physical exercise in fresh air |
|
5,000 |
|
|
23665/16 11/05/2016 |
Ion OPREA 1960 |
|
Craiova Prison 25/11/2010 to 23/07/2012 1 year(s) and 7 month(s) and 29 day(s) |
2.05-2.06 m˛ |
overcrowding (save for 30/11-05/12/2010), infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities |
336 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 27/09/2018, except for periods of time spent in detention facilities he did not complain about |
3,000 |
|
|
23762/16 31/05/2016 |
Mirel POTOCEANU 1978 |
Irina Maria Peter Bucharest |
Focșani Prison 24/12/2019 to 04/02/2020 1 month(s) and 12 day(s)
Focșani Prison 26/05/2020 pending More than 1 year(s) and 8 month(s) and 13 day(s) |
2.08-2.5 m˛ |
overcrowding, bunk beds, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities |
240 days in compensation for a total period of detention spent in inadequate conditions from 18/09/2015 to 23/12/2019, except for periods of time spent in detention facilities he did not complain about |
3,000 |
|
|
24590/16 01/08/2016 |
Cătălin IFRIM 1981 |
|
Aiud, Botoșani, Iasi, Jilava and Rahova Prisons 02/11/2000 to 23/07/2012 11 year(s) and 8 month(s) and 22 day(s) |
0.8-1.9 m˛ |
overcrowding, insects, inadequate sanitary facilities, insufficient and poor quality of food, dirty and mouldy cells |
408 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 23/12/2019, except for periods of time spent in detention facilities he did not complain about or short periods of time while in transit |
5,000 |
|
|
27283/16 13/06/2016 |
Constantin-Georgel PREDA 1979 |
|
Codlea Prison 04/03/2021 pending More than 1 year(s) and 14 day(s) |
2-2.2 m˛ |
overcrowding, insufficient natural light and fresh air, lack of furniture, quality of food |
438 days in compensation for a total period of detention spent in inadequate conditions from 19/08/2013 to 22/12/2019, except for short periods of time spent in prison hospitals or in transit |
3,000 |
|
|
28169/16 12/07/2016 |
Augustin-Florin DEAC 1990 |
|
Gherla Prison 23/12/2019 to 26/02/2021 1 year(s) and 2 month(s) and 4 day(s) |
2.22-2.72 m˛ |
overcrowding, inadequate sanitary facilities, poor quality of food/bedding |
342 days in compensation for a total period of detention spent in inadequate conditions from 07/01/2015 to 23/12/2019, except for short periods of time spent in transit or in facilities where he received medical care |
3,000 |
|
|
28518/16 05/07/2016 |
Florin-Iulian PĂTRAȘC 1976 |
|
Codlea Prison 02/03/2010 to 23/07/2012 2 year(s) and 4 month(s) and 22 day(s)
Codlea Prison 10/03/2020 to 11/06/2020 3 month(s) and 2 day(s) |
1.10-1.97 m˛ |
overcrowding, poor quality of food, restricted access to warm water, inadequate sanitary facilities |
528 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 23/12/2019, except for short periods of time spent in transit or in prison hospitals |
3,000 |
|
|
36266/16 14/07/2016 |
George-Claudiu GEORGESCU-IONACHE 1985 |
Irina Maria Peter Bucharest |
Giurgiu and Rahova Prisons 21/11/2007 to 23/07/2012 4 year(s) and 8 month(s) and 3 day(s)
Giurgiu Prison 24/12/2019 pending More than 2 year(s) and 1 month(s) and 16 day(s) |
2-2.5 m˛ |
overcrowding, insufficient sanitary facilities, lack of fresh air, lack of natural light |
534 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 23/12/2019 |
5,000 |
|
|
36584/16 14/07/2016 |
Florin CALIMENT 1983 |
|
Codlea Prison 24/12/2019 pending More than 2 year(s) and 1 month(s) and 16 day(s) |
2.52 m˛ |
overcrowding, lack of fresh air and natural light, poor quality of food, insects |
294 days in compensation for a total period of detention spent in inadequate conditions from 09/11/2015 to 23/12/2019 |
3,000 |
|
|
43704/16 21/07/2016 |
Săndică PINTILIE 1983 |
Bucharest |
Brăila Prison 24/12/2019 to 21/01/2020 29 day(s) |
2.52 m˛ |
overcrowding, poor quality of food/water/bedding, insects, dirty and mouldy cell |
534 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 23/12/2019 |
1,000 |
|
|
52022/16 28/09/2016 |
Marius-Cosmin ANDRONACHE 1987 |
|
Mărgineni and Galați Prisons 24/12/2019 to 06/10/2020 9 month(s) and 13 day(s)
Galați Prison 22/10/2020 pending More than 1 year(s) and 4 month(s) and 21 day(s) |
2-2.25 m˛ |
overcrowding (save for 28/01/2020-03/03/2020), no or restricted access to shower, lack of or poor quality of bedding and bed linen |
246 days in compensation for a total period of detention spent in inadequate conditions from 27/04/2016 to 23/12/2019 |
3,000 |
|
|
61416/16 28/11/2016 |
Cornel-Marius SFECLĂ 1982 |
|
Giugiu Prison 03/11/2010 to 23/07/2012 1 year(s) and 8 month(s) and 21 day(s) |
2.80-2.87 m˛ |
overcrowding, infestation of cell with insects/rodents, lack of or insufficient natural light, poor quality of food |
438 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 12/04/2018 and from 14/08/2019 to 23/12/2019 |
3,000 |
|
|
24156/17 20/03/2017 |
Isus-Gheorghe GHIULAI 1992 |
Satu Mare |
Maramureş County Police 04/07/2014 to 23/07/2014 20 day(s)
Arad Prison 26/09/2015 to 10/12/2015 2 month(s) and 15 day(s) |
|
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 quantity of food |
210 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2014 to 25/09/2015 and from 11/12/2015 to 19/10/2017 |
1,000 |
|
|
54392/17 21/07/2017 |
Aurel NĂSTASE 1976 |
Galați |
Brăila, Galaţi, Gherla, Iași, Slobozia and Poarta Albă Prisons 19/04/2010 to 23/07/2012 2 year(s) and 3 month(s) and 5 day(s) |
1.2-2.33 m˛ |
overcrowding, bunk beds, mouldy or dirty cell, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities |
384 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 15/11/2017 |
3,000 |