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You are here: BAILII >> Databases >> European Court of Human Rights >> CRINGANU AND OTHERS v. ROMANIA - 27275/16 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2022] ECHR 144 (10 February 2022) URL: http://www.bailii.org/eu/cases/ECHR/2022/144.html Cite as: [2022] ECHR 144 |
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FOURTH SECTION
CASE OF CRÎNGANU AND OTHERS v. ROMANIA
(Application no. 27275/16 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 Crînganu 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 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. 27275/16, 2194/17, 82282/17, 82295/17 and 82303/17, the applicants also raised other complaints under Article 3 of the Convention.
12. 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
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 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;
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.
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] | |
|
|
27275/16 01/06/2016 |
Gheorghe CRÎNGANU 1961 |
Gohor |
Brăila Prison; Târgu Ocna Prison Hospital 28/05/2015 to 15/11/2016 1 year(s) and 5 month(s) and 19 day(s) |
1.01-1.76 m˛ |
overcrowding (save for 09/08-08/09/2016; 20/09-08/11/2016), mouldy or dirty cell, infestation of cell with insects/rodents, insufficient number of sleeping places, poor quality of potable water, no or restricted access to potable water, no or restricted access to warm water, no or restricted access to shower, lack of or inadequate hygienic facilities |
3,000 |
|
|
48360/16 29/09/2016 |
Gheorghe PĂVĂLĂNESCU 1955 |
|
Gorj County Police Station; Craiova and Târgu Jiu Prisons 02/10/2015 to 11/08/2016 10 month(s) and 10 day(s)
Târgu Jiu Prison 12/09/2016 to 12/12/2016 3 month(s) and 1 day(s)
Târgu Jiu Prison 22/12/2016 to 12/09/2017 8 month(s) and 22 day(s) |
1.21-1.89 m˛
1.61 m˛
1.90 m˛ |
overcrowding (save for 28-29/10/2015; 29/07-11/08/2016), poor quality of food, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, bunk beds, no or restricted access to potable water, no or restricted access to toilet, lack of fresh air, lack or inadequate furniture
overcrowding (save for 14/09-12/12/2016), poor quality of food, lack of fresh air, lack or inadequate furniture
overcrowding (save for 22/12/2016-02/02/2017; 10/02-12/09/2017), poor quality of food, lack of fresh air, lack or inadequate furniture |
3,000 |
|
|
73443/16 09/01/2017 |
Vergică GAVRILESCU 1961 |
|
Olt County Police Station; Craiova (including Pelendava), Jilava and Târgu Jiu Prisons 21/12/2004 to 08/03/2017 12 year(s) and 2 month(s) and 16 day(s) |
1-2 m˛ |
overcrowding, bunk beds, no or restricted access to shower, no or restricted access to toilet, no or restricted access to running water, lack of or inadequate hygienic facilities, 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 warm water, lack of or insufficient natural light, poor quality of food |
5,000 |
|
|
2194/17 08/02/2017 |
Ionuț FURNICĂ 1984 |
Bucharest |
Rahova, Giurgiu, Jilava and Găești Prisons 23/05/2011 to 10/09/2016 5 year(s) and 3 month(s) and 19 day(s) |
1.08-2.89 m˛ |
overcrowding (save for 21-25/06/2011; 04-11/07/2013; 24/04-15/05/2015; 09/08-10/09/2016), lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient quantity of food, no or restricted access to warm water, no or restricted access to shower, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, lack of or insufficient electric light, poor quality of potable water, lack of privacy for toilet, mouldy or dirty cell |
5,000 |
|
|
6051/17 05/03/2017 |
Mircea PĂUN 1979 |
Bucharest |
Bucharest Central Arrest, Bucharest detention facility no. 12; Rahova, Jilava, Ploiești and Găești Prisons
20/07/2011 to 30/11/2016 5 year(s) and 4 month(s) and 11 day(s) |
1.13-2.50 m˛ |
overcrowding (save for 29/07-30/11/2016), lack of privacy for toilet, inadequate temperature, 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, mouldy or dirty cell, poor quality of food, lack or inadequate furniture, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, bunk beds, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet, no or restricted access to potable water, poor quality of potable water, lack of or inadequate hygienic facilities |
5,000 |
|
|
51492/17 28/06/2017 |
Vasile ANGHEL 1985 |
Galați |
Călărași County Police Station, Slobozia, Rahova, Poarta Albă, Jilava, Tulcea and Giurgiu Prisons 21/04/2013 to 20/04/2017 4 year(s) |
1.12-2.45 m˛ |
overcrowding (save for 22/04-22/05/2013; 05-08/06/2015; 18-25/06/2015; 20/08-09/11/2015; 11-25/02/2016; 30/03-20/04/2017), bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, 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 restricted access to potable water, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, poor quality of food, poor quality of potable water |
3,000 |
|
|
73279/17 02/10/2017 |
Costel IVANCU 1968 |
Craiova |
Dolj County Police Station; Craiova (including Pelendava) and Târgu Jiu Prisons 04/11/2007 to 04/04/2017 9 year(s) and 5 month(s) and 1 day(s) |
0.94-2.93 m˛ |
overcrowding (20-22/02/2017; 11/11/2015-04/07/2016; 01/08-05/09/2016), insufficient number of sleeping places, no or restricted access to toilet, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, poor quality of food, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities |
5,000 |
|
|
82282/17 28/11/2017 |
Marian PETCU 1976 |
Galați |
Slobozia and Poarta Albă Prisons 17/02/2017 to 26/09/2017 7 month(s) and 10 day(s) |
1.71-2.57 m˛ |
overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, 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 restricted access to potable water, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, poor quality of food, poor quality of potable water |
1,000 |
|
|
82295/17 28/11/2017 |
Memet SABAN 1974 |
Andreea-Gabriela Cadar Galați |
Poarta Albă and Tulcea Prisons 23/07/2012 to 03/10/2017 5 year(s) and 2 month(s) and 11 day(s) |
1.39-2.34 m˛ |
overcrowding, bunk beds, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to shower, lack of privacy for toilet, 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, 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 or inadequate furniture, inadequate temperature, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air |
5,000 |
|
|
82303/17 28/11/2017 |
Mihalache NICA 1978 |
Andreea-Gabriela Cadar Galați |
Poarta Albă and Tulcea Prisons 08/11/2016 to 05/07/2017 7 month(s) and 26 day(s) |
1.25-2.43 m˛ |
overcrowding (save for 29/05-05/07/2017), bunk beds, mouldy or dirty cell, lack or inadequate furniture, no or restricted access to warm water, no or restricted access to shower, poor quality of potable water, poor quality of food, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food |
1,000 |
