CORNEL POPA AND OTHERS v. ROMANIA - 6920/16 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2019] ECHR 437 (06 June 2019)

In the case of Cornel Popa and Others v. Romania ,

The European Court of Human Rights ( Fourth Section ), sitting as a Committee composed of:

Georges Ravarani , President,
Marko Bošnjak ,
Péter Paczolay , judges ,
and Liv Tigerstedt Acting Deputy Section Registrar ,

Having deliberated in private on 16 May 2019 ,

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. Notice of the applications was given to the Romanian Government ("the Government").

THE FACTS

3. The list of applicant s and the relevant details of the applications are set out in the appended table.

4. The applicant s 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 applicant s 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 applicant s were kept in detention in poor conditions. The details of the applicant s ' 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. 42525/07and 60800/08, §§ 149 - 159, 10 January 2012).

8. In the leading case of Rezmiveș and Others v. Romania, nos. 61467/12and 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, 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 applications. Having regard to its case-law on the subject, the Court considers that in the instant case the applicant s ' conditions of detention were inadequate.

10. These applications are therefore admissible and disclose a breach of Article 3 of the Convention.

III. APPLICATION OF ARTICLE 41 OF THE CONVENTION

11. 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."

12. Regard being had to the documents in its possession and to its case - law (see, in particular, Rezmiveș and Others v. Romania, nos. 61467/12and 3 others, 25 April 2017), the Court considers it reasonable to award the sum s indicated in the appended table.

13. 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 applications admissible;

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 applicant s , 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 6 June 2019 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Georges Ravarani
Acting D eputy 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 Date of birth	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]
	6920/16 28/01/2016	Cornel Popa 21/07/1978	Focșani and Mărgineni Prisons 23/04/2015 to 22/04/2016 1 year(s)	1.5-1.69 m²	overcrowding, lack of or inadequate hygienic facilities, insufficient number of sleeping places	1,000
	10441/16 16/05/2016	Zoltan Kovacs 10/05/1991 Represented by Vasile Rareș Biro, Satu Mare	Oradea and Satu Mare Prisons 17/03/2015 pending More than 4 year(s) and 23 day(s)	1.16-2 m²	overcrowding, lack of or inadequate hygienic facilities, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air, poor quality of food, infestation of cell with insects/rodents	3,000
	12937/16 21/03/2016	Vilică Duncă 20/09/1971	Dolj County Police, Craiova, Rahova , and Giurgiu Prisons 14/02/2008 pending More than 11 year(s) and 1 month(s) and 27 day(s)	1.37-2.21 m²	overcrowding (save for Dolj County Police), no or restricted access to toilet, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, mouldy or dirty cell, lack of or inadequate furniture, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, no or restricted access to warm water	5,000
	15657/16 18/04/2016	Aurel Constantin 23/02/1966 Represented by Irina Maria Peter, Bucharest	Mărgineni Prison 13/02/2014 pending More than 5 year(s) and 1 month(s) and 28 day(s)	1.69-2.37 m²	overcrowding, poor quality of food, insufficient number of sleeping places, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to potable water, lack of or insufficient natural light, inadequate temperature, lack of fresh air, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air	5,000
	20767/16 11/05/2016	Marian Georoceanu 07/07/1964	Craiova Prison 09/11/2007 to 12/06/2018 10 year(s) and 7 month(s) and 4 day(s)	0.93-2.16 m²	overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to shower, no or restricted access to warm water, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or inadequate furniture, infestation of cell with insects/rodents	5,000
	20783/16 10/06/2016	Ciprian Stanciu 05/05/1989 Represented by Ionela Mărgărit , Bucharest	Galați Prison 27/03/2012 to 01/11/2016 4 year(s) and 7 month(s) and 6 day(s)	1.2-1.63 m²	overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, lack of or inadequate furniture, no or restricted access to running water, inadequate temperature, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air	3,000
	20927/16 05/05/2016	Cornel-Adrian Todoran 14/01/1986	Mureș County Police, Târgu Mureș, Rahova , Gherla, and Aiud Prisons 24/02/2010 pending More than 9 year(s) and 1 month(s) and 16 day(s)	1.82-2.6 m²	overcrowding (save for Mureș County Police), poor quality of food, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air	5,000
	21581/16 23/05/2016	Mihăiţă Dinu 09/03/1971	Bucharest 12th Police Section, Buzău County Police, Rahova , Jilava , and Colibași Prison Hospitals, and Rahova , Slobozia , Giurgiu, Jilava , Târgu Jiu, Craiova, Focșani , and Găești Prisons 05/08/2011 to 26/09/2017 6 year(s) and 1 month(s) and 22 day(s)	1.3 - 2.79 m²	overcrowding (save for Rahova , Jilava , and Colibași Prison Hospitals), infestation of cell with insects/rodents, inadequate temperature, no or restricted access to warm water, no or restricted access to running water, mouldy or dirty cell, lack of or inadequate furniture, insufficient number of sleeping places, bunk beds, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of food, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air	5,000
	22087/16 14/07/2016	Hakan Yiğit 16/06/1972 Represented by Constantina Roxana Yiğit , Brezoi	Colibași Prison 21/01/2016 pending More than 3 year(s) and 2 month(s) and 20 day(s)	2.01-2.81 m²	overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to warm water, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents	3,000
	22967/16 20/05/2016	Ion Ţarălungă 20/03/1970	Galați County Police, Târgu-Ocna Prison Hospital, and Galați , Rahova , and Brăila Prisons 21/06/2012 pending More than 6 year(s) and 9 month(s) and 20 day(s)	1.2-2.75 m²	overcrowding (save for Târgu-Ocna Prison Hospital), mouldy or dirty cell, lack of privacy for toilet, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of or inadequate furniture, lack or inadequate recreational space, no or restricted access to shower, lack of or inadequate hygienic facilities, lack of or insufficient natural light	5,000

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

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You are here: BAILII >> Databases >> European Court of Human Rights >> CORNEL POPA AND OTHERS v. ROMANIA - 6920/16 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2019] ECHR 437 (06 June 2019) URL: http://www.bailii.org/eu/cases/ECHR/2019/437.html Cite as: ECLI:CE:ECHR:2019:0606JUD000692016, [2019] ECHR 437, CE:ECHR:2019:0606JUD000692016