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You are here: BAILII >> Databases >> European Court of Human Rights >> DASCALU AND OTHERS v. ROMANIA - 2676/16 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2022] ECHR 51 (13 January 2022)
URL: http://www.bailii.org/eu/cases/ECHR/2022/51.html
Cite as: [2022] ECHR 51
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FOURTH SECTION
CASE OF DASCĂLU AND OTHERS v. ROMANIA
(Application no. 2676/16 and 19 others –
see appended list)
JUDGMENT
STRASBOURG
13 January 2022
This judgment is final but it may be subject to editorial revision.
In the case of Dascălu 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 9 December 2021,
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.
3. In application no. 31872/16, by letter dated 8 September 2020, the applicant notified the Court that she had changed her name, the new one being Raluca‑Mădălina Tomoiu. The Court advised the parties on 23 February 2021 that it would continue processing the application under the case name of Dănăiață‑Tomoiu v. Romania. This corresponded to the applicant’s name as referred to in her application lodged with the Court.
THE FACTS
4. The list of applicants and the relevant details of the applications are set out in the appended table.
5. The applicants complained of the inadequate conditions of their detention.
THE LAW
I. JOINDER OF THE APPLICATIONS
6. 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
7. 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.”
8. 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).
9. 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.
10. 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.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
III. REMAINING COMPLAINTS
12. In applications nos. 28409/16, 34383/16 and 35013/17, the applicants also raised other complaints under Article 3 of the Convention.
13. 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
14. 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.”
15. 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.
16. 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 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 13 January 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 |
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant (in euros)[1] | |
|
|
2676/16 14/12/2015 |
Florin-Beniamin DASCĂLU 1992 |
|
Bistrița and Târgu Mureș Prisons 25/02/2015 to 22/03/2016 1 year(s) and 27 day(s) |
1.2 - 2.1 m˛ |
overcrowding, insufficient sanitary facilities, lack of adequate heating and fresh air, lack of furniture, infestation of the cell with insects, poor quality of food, small courtyard |
3,000 |
|
|
27898/16 30/06/2016 |
Gabriel VIŞAN 1994 |
|
Galați, Bacău and Iași Prisons 04/03/2015 to 18/08/2016 1 year(s) and 5 month(s) and 15 day(s) |
1.20 - 2.57 m˛ |
overcrowding (save for the periods 17/03/2015 - 24/03/2015, 07/04/2015 - 26/05/2015 and 09/08/2016 - 18/08/2016), mouldy or dirty cell, no or restricted access to warm water, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, poor quality of food, lack or inadequate furniture, no or restricted access to shower, lack of or poor quality of bedding and bed linen |
3,000 |
|
|
28409/16 06/06/2016 |
Constantin DIN 1956 |
|
Mioveni (Colibaşi) Prison and Mioveni (Colibaşi) Prison Hospital 26/10/2015 to 07/06/2017 1 year(s) and 7 month(s) and 13 day(s) |
1.92 - 2.32 m˛ |
overcrowding (save for the periods 08/12/2015 - 19/01/2016, 16/02/2016 - 15/03/2016, 12/04/2016 - 19/04/2016, 26/07/2016 - 11/08/2016, 03/01/2017 - 05/01/2017 and 16/05/2017 - 07/06/2017), lack of fresh air, mouldy or dirty cell, no or restricted access to shower, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air |
3,000 |
|
|
28491/16 18/07/2016 |
Emil NICU 1974 |
|
Giurgiu, Bucharest - Jilava, Drobeta Turnu Severin - Vânjuleţul Mare, Focşani and Târgu-Jiu Prisons 25/07/2012 to 31/05/2016 3 year(s) and 10 month(s) and 7 day(s) |
1.01 - 2.87 m˛ |
overcrowding, no or restricted access to warm water, lack of fresh air, bunk beds, no or restricted access to toilet, no or restricted access to shower, no or restricted access to running water, lack or inadequate furniture, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of toiletries, infestation of cell with insects/rodents, poor quality of potable water, poor quality of food |
3,000 |
|
|
29101/16 11/06/2016 |
Ion PAVEL 1961 |
Peter Irina Maria Bucharest |
Mărgineni, Ploieşti and Găeşti Prisons; Bucharest - Jilava and Mioveni (Colibaşi) Prison Hospitals 20/10/2012 to 01/03/2016 3 year(s) and 4 month(s) and 11 day(s) |
0.95 - 2.48 m˛ |
overcrowding (save for the periods 09/11/2012 - 26/11/2012 and 29/01/2016 - 01/03/2016), bunk beds, no or restricted access to shower, mouldy or dirty cell, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, poor quality of potable water, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of fresh air |
3,000 |
|
|
29130/16 14/06/2016 |
Marcel FILIP 1967 |
|
Vaslui and Iaşi Prisons 07/07/2015 to 13/12/2016 1 year(s) and 5 month(s) and 7 day(s) |
1.28 - 2.29 m˛ |
overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to shower, lack of or insufficient natural light, constant electric light, poor quality of food, sharing cells with inmates infected with contagious disease |
3,000 |
|
|
31570/16 06/07/2016 |
Valentin Marian STATE 1985 |
|
Focșani, Galați, Bucharest - Rahova and Arad Prisons; Târgu Ocna Prison Hospital 20/12/2012 to 27/09/2016 3 year(s) and 9 month(s) and 8 day(s)
Focșani Prison 14/10/2016 to 28/02/2017 4 month(s) and 15 day(s) |
1.2 - 2.67 m˛
|
overcrowding (save for the periods 27/01/2015 - 02/03/2015 and 26/05/2015 - 09/06/2015), lack of fresh air, mouldy or dirty cell, lack of or insufficient natural light
|
3,000 |
|
|
31864/16 11/07/2016 |
Paul DOBRE 1956 |
|
Vâlcea County Police Station; Mioveni (Colibași), Târgu Jiu, Aiud, Gherla and Deva (Bârcea Mare) Prisons; Mioveni (Colibași), Bucharest - Jilava and Dej Prison Hospitals 24/03/2014 to 27/09/2016 2 year(s) and 6 month(s) and 4 day(s) |
1.67 - 2.98 m˛ |
overcrowding (save for the periods 01/04/2014 - 15/04/2014, 05/08/2015 - 26/10/2015, 31/03/2016 - 18/04/2016, 19/04/2016 - 09/05/2016, 12/05/2016 - 04/09/2016 and 05/09/2016 - 27/09/2016), bunk beds, lack of privacy for toilet, lack of fresh air, lack of or insufficient natural light, constant electric light, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, poor quality of potable water, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of food |
3,000 |
|
|
31872/16 27/07/2016 |
Raluca‑Mădălina TOMOIU (former Dănăiață‑Tomoiu) 1987 |
|
Gorj County Police Station; Craiova and Craiova - Ișalnița Section Prisons 23/10/2014 to 18/10/2016 1 year(s) and 11 month(s) and 26 day(s) |
0.85 - 2.74 m˛ |
overcrowding, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to toilet, no or restricted access to shower, lack of or insufficient natural light, lack of or insufficient electric light, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, bunk beds, sharing cells with inmates infected with contagious disease |
3,000 |
|
|
31884/16 11/07/2016 |
Andrei-Mircea BĂBAN 1990 |
|
Gherla and Baia Mare Prisons 31/10/2015 to 11/01/2017 1 year(s) and 2 month(s) and 12 day(s) |
1.86 - 2.35 m˛ |
overcrowding, insufficient number of sleeping places, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of fresh air, no or restricted access to warm water |
3,000 |
|
|
32338/16 16/08/2016 |
Gheorghe CIULIN 1972 |
|
Iași, Bucharest - Rahova, Botoșani and Bistrița Prisons 10/11/1997 to 08/02/2017 19 year(s) and 2 month(s) and 30 day(s) |
1.28 - 2.48 m˛ |
overcrowding (save for the period 26/01/2012 - 02/03/2012), lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, infestation of cell with insects/rodents, inadequate temperature |
5,000 |
|
|
32792/16 08/09/2016 |
Claudiean CIUPITU 1972 |
|
Olt County Police Station; Craiova, Bucharest - Jilava and Mioveni (Colibaşi) Prisons 03/01/2006 to 26/02/2012 6 year(s) and 1 month(s) and 24 day(s)
Mioveni (Colibași) Prison 01/03/2012 to 11/04/2013 1 year(s) and 1 month(s) and 11 day(s)
Mioveni (Colibași) and Târgu Jiu Prisons 16/04/2013 to 07/07/2016 3 year(s) and 2 month(s) and 22 day(s) |
1.21 - 2.82 m˛
|
overcrowding, no or restricted access to toilet, no or restricted access to running water, poor quality of potable water, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, lack or inadequate furniture, bunk beds, lack of or insufficient natural light, lack of fresh air, lack of or poor quality of bedding and bed linen, poor quality of food
|
5,000 |
|
|
34383/16 05/12/2016 |
Florea COTOI 1961 |
|
Bistrița Prison 03/07/2015 to 15/11/2016 1 year(s) and 4 month(s) and 13 day(s) |
1.75 - 2.17 m˛ |
overcrowding, lack of fresh air, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, poor quality of potable water, lack of or insufficient natural light, lack of or insufficient electric light, lack of toiletries, no or restricted access to warm water |
3,000 |
|
|
35262/16 19/10/2016 |
Iosif PINCZES 1979 |
Omota Georgeta Baia Mare |
Maramureș County Police Station; Gherla, Timișoara, Aiud and Baia Mare Prisons; Dej Prison Hospital 10/04/2013 to 14/06/2016 3 year(s) and 2 month(s) and 5 day(s) |
1.33 - 2.50 m˛ |
overcrowding (save for the periods 29/05/2013 - 12/06/2013, 22/01/2014 - 23/01/2014 and 28/07/2015 - 24/02/2016), no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to shower, poor quality of food, lack of or insufficient physical exercise in fresh air, bunk beds |
3,000 |
|
|
35349/16 12/07/2016 |
Ovidiu ILAŞC 1974 |
Galați |
Galați Prison 17/09/2012 to 18/08/2016 3 year(s) and 11 month(s) and 2 day(s) |
1.20 - 1.50 m˛ |
overcrowding, mouldy or dirty cell, lack or inadequate furniture, bunk beds, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to warm water, no or restricted access to shower, lack of toiletries, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, poor quality of potable water |
3,000 |
|
|
35959/16 05/08/2016 |
Octavian STERE 1975 |
|
Mărgineni, Ploiești, Ploiești - Berceni Section and Găești Prisons 16/09/2014 to 19/01/2017 2 year(s) and 4 month(s) and 4 day(s) |
0.88 - 2.15 m˛ |
overcrowding (save for the periods 18/02/2015 - 20/03/2015 and 18/02/2016 - 19/01/2017), infestation of cell with insects/rodents, bunk beds, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, lack or inadequate furniture, lack of fresh air, lack of or insufficient quantity of food, lack of toiletries, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, sharing cells with inmates infected with contagious disease, lack of or restricted access to leisure or educational activities, lack of or insufficient electric light |
3,000 |
|
|
38093/16 25/07/2016 |
Viorel ARDELEAN 1956 |
|
Maramureș County Police Station; Gherla and Baia Mare Prisons; Dej Prison Hospital 05/04/2012 to 20/12/2016 4 year(s) and 8 month(s) and 16 day(s) |
1.56 - 2.35 m˛ |
overcrowding (save for the periods 23/05/2012 - 29/05/2012, 06/12/2013 - 18/12/2013, 17/09/2014 - 01/10/2014 and 13/10/2015 - 10/11/2015), lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient quantity of food, bunk beds, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, poor quality of food, poor quality of potable water |
3,000 |
|
|
40594/16 16/08/2016 |
Ioan-Lucian MARINCAȘ 1979 |
|
Cluj County Police Station; Gherla and Bistrița Prisons 30/05/2014 to 18/10/2016 2 year(s) and 4 month(s) and 19 day(s) |
1.37 - 2.95 m˛ |
overcrowding, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to potable water, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, bunk beds, lack of or poor quality of bedding and bed linen, lack or inadequate furniture |
3,000 |
|
|
29709/17 03/04/2017 |
Ninel-Dorin MĂCEŞANU 1979 |
|
Jilava Prison Hospital 15/07/2014 to 14/03/2017 2 year(s) and 8 month(s) |
1.5 - 3 m˛ |
overcrowding, bunk beds, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, poor quality of potable water, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, mouldy or dirty cell, inadequate temperature, constant electric light, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities |
3,000 |
|
|
04/05/2017 |
Florea DUMITRU 1967 |
Galați |
Constanța - Poarta Albă Prison 04/08/2016 to 13/11/2016 3 month(s) and 10 day(s) |
1.81 - 1.86 m˛ |
overcrowding, bunk beds, lack of toiletries, mouldy or dirty cell, poor quality of potable water, poor quality of food, 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 |
1,000 |