GERED AND OTHERS v. ROMANIA - 27581/16 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2022] ECHR 457 (09 June 2022)

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You are here: BAILII >> Databases >> European Court of Human Rights >> GERED AND OTHERS v. ROMANIA - 27581/16 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2022] ECHR 457 (09 June 2022) URL: http://www.bailii.org/eu/cases/ECHR/2022/457.html Cite as: ECLI:CE:ECHR:2022:0609JUD002758116, CE:ECHR:2022:0609JUD002758116, [2022] ECHR 457

In the case of Geréd 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 19 May 2022,

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. 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 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, §§ 122‑41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑59, 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, 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, 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. 27581/16, 35372/16, 56494/16, 31095/18, 35628/18, 44846/18, 48636/18, 53737/18, 54302/18, 55316/18, 55719/18 and 57136/18 the applicants also raised other complaints under Article 3 of the Convention.

15. 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 abovementioned 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 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 9 June 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)

No.	Application no. Date of introduction	Applicant’s name Year of birth	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]
	27581/16 12/09/2016	Károly GERÉD 1983	Oradea, Miercurea Ciuc, Târgu Mureș and Aiud Prisons 05/01/2012 to 24/07/2012 6 month(s) and 20 day(s)	1.27 - 2.37 m²	overcrowding (save for the period 17/01/2012 - 26/01/2012), infestation of cell with insects/rodents, lack or inadequate furniture, lack of or inadequate hygienic facilities, no or restricted access to warm water	384 days in compensation for a total period of 1,937 days spent in detention in inadequate conditions from 24/07/2012 to 28/11/2017, except for short periods spent in transit rooms	1,000
	35372/16 06/07/2016	Nicolae PARASCHIV 1971	Ploiești Prison 06/10/2015 to 09/10/2015 4 day(s) Bucharest - Rahova Prison 02/02/2018 to 13/02/2018 12 day(s) Bucharest - Rahova Prison 17/02/2018 to 21/06/2018 4 month(s) and 5 day(s)	2.5 m²	overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air	312 days in compensation for a total period of 1,570 days spent in detention in inadequate conditions from 18/12/2013 to 04/09/2018, except for the periods indicated in column no. 4 and short periods spent in transit rooms	1,000
	35373/16 21/07/2016	Daniel BUJOR 1988	Tulcea, Iași and Miercurea Ciuc Prisons 22/04/2011 to 24/07/2012 1 year(s) and 3 month(s) and 3 day(s) Târgu Ocna Prison Hospital 3 periods between 24/07/2015 and 16/11/2016 in the total amount of 40 day(s)	1.28 - 1.57 m²	overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen	366 days in compensation for a total period of 1,581 days spent in detention in inadequate conditions from 24/07/2012 to 21/11/2017, except for the periods indicated in column no. 4 spent in Târgu Ocna Prison Hospital	3,000
	37555/16 17/08/2016	Robert-Arcadie BUDI 1979	Codlea, Arad and Miercurea Ciuc Prisons 19/10/2010 to 24/07/2012 1 year(s) and 9 month(s) and 6 day(s)	1.04 - 2.90 m²	overcrowding (save for the period 25/11/2010 - 23/12/2010), lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents	384 days in compensation for a total period of 1,936 days spent in detention in inadequate conditions from 24/07/2012 to 21/12/2017, except for the period 03/04/2017 - 08/05/2017 spent in Dej Prison Hospital, of which he did not complain	3,000
	56494/16 06/12/2016	Ioan MARDAN 1963	Hunedoara County Police Station; Deva (Bârcea Mare), Bucharest - Jilava, Aiud and Oradea Prisons; Bucharest - Jilava and Mioveni (Colibași) Prison Hospitals 17/05/2007 to 24/07/2012 5 year(s) and 2 month(s) and 8 day(s)	1.70 - 2.74 m²	overcrowding (save for the periods 28/05/2007 - 11/06/2007, 31/12/2007 - 24/04/2008, 20/04/2010 - 06/05/2010, 27/05/2011 - 28/07/2011 and 11/10/2011 - 07/11/2011), poor quality of food, poor quality of potable water, mouldy or dirty cell, infestation of cell with insects/rodents	456 days in compensation for a total period of 2,295 days spent in detention in inadequate conditions from 24/07/2012 to 27/11/2018, except for short periods spent in transit rooms	5,000
	31095/18 31/07/2018	Trandafir ALEXANDRU 1986	Giurgiu Prison 24/05/2018 to 22/10/2018 4 month(s) and 29 day(s) Giurgiu Prison 26/10/2018 to 17/12/2018 1 month(s) and 22 day(s) Giurgiu Prison 27/12/2018 to 10/01/2019 15 day(s) Giurgiu and Galați Prisons 20/12/2019 pending More than 2 year(s) and 4 month(s)	5.02 - 5.49 m²	overcrowding (the indicated surfaces included the toilet and shower, which were situated in the room), infestation of cell with insects/rodents, poor quality of food, poor quality of potable water, mouldy or dirty cell	360 days in compensation for a total period of 1,814 days spent in detention in inadequate conditions from 24/07/2012 to 19/12/2019, except for the periods indicated in column no. 4 spent in Giurgiu Prison	3,000
	35628/18 29/08/2018	Ciprian NOVAC 1980	Arad Prison 11/01/2019 to 28/11/2019 10 month(s) and 18 day(s) Arad Prison 05/12/2019 to 20/02/2021 1 year(s) and 2 month(s) and 16 day(s)	-	poor quality of food, infestation of cell with insects/rodents, bunk beds, no or restricted access to shower	72 days in compensation for a total period of 381 days spent in detention in inadequate conditions from 27/11/2017 to 23/12/2019, including all the periods spent in Timișoara Prison, except for the periods spent in Arad Prison indicated in column no. 4	3,000
	44846/18 29/03/2019	Nicușor-Mihai RADU 1976	Arad Prison 16/08/2016 to 05/09/2016 21 day(s) Arad Prison 10/10/2016 to 21/11/2016 1 month(s) and 12 day(s) Arad Prison 05/12/2016 to 01/07/2017 6 month(s) and 27 day(s) Arad Prison 22/07/2019 pending More than 2 year(s) and 9 month(s)	-	mouldy or dirty cell, no or restricted access to warm water, no or restricted access to toilet, infestation of cell with insects/rodents, poor quality of food	402 days in compensation for a total period of 2,035 days spent in detention in inadequate conditions from 24/07/2012 to 23/12/2019, including all the periods spent in Craiova and Arad Prisons, except for the periods indicated in column no. 4	3,000
	48636/18 03/12/2018	Cătălin VASILIU 1967	Constanța - Poarta Albă Prison 23/12/2019 to 08/01/2020 17 day(s) Constanța - Poarta Albă Prison 14/01/2020 pending More than 2 year(s) and 3 month(s)	2.38 - 2.53 m²	overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, inadequate temperature	444 days in compensation for a total period of 2,226 days spent in detention in inadequate conditions from 17/08/2013 to 23/12/2019, including all the periods spent in Constanța - Poarta Albă, Tulcea and Slobozia Prisons, except for the period 02/10/2018 - 05/10/2018 spent in the infirmary	3,000
	52979/18 30/01/2019	Bogdan-Daniel PANĂ 1976	Bucharest - Rahova Prison 23/12/2019 pending More than 2 year(s) and 4 month(s)	2.44 m²	overcrowding (save for the period 03/03/2020 - 20/10/2020), no or restricted access to shower, lack of or inadequate hygienic facilities, lack of privacy for toilet	534 days in compensation for a total period of 2,685 days spent in detention in inadequate conditions from 18/07/2012 to 23/12/2019, including all the periods spent in Slobozia, Bucharest - Rahova and Tulcea Prisons	3,000
	53737/18 29/11/2018	Adrian CREȚU 1967	Drobeta-Turnu Severin Prison 19/12/2018 to 03/06/2020 1 year(s) and 5 month(s) and 16 day(s)	3.89 - 4.16 m²	overcrowding (the indicated surfaces included the toilet and shower, which were situated in the room), lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of privacy for toilet, lack of or inadequate hygienic facilities	438 days in compensation for a total period of 2,200 days spent in detention in inadequate conditions from 24/07/2012 to 19/12/2018, including all the periods spent in Mioveni, Craiova, Craiova - Pelendava and Drobeta-Turnu Severin Prisons, except for the periods spent in transit rooms	3,000
	54302/18 15/12/2018	Ioan ROMANIUC 1977	Botoșani and Iași Prisons 14 periods between 22/02/2018 and 28/02/2020 totalising 4 month(s) and 9 day(s) Botoșani Prison 11/08/2020 pending More than 1 year(s) and 8 month(s)	2.10 - 2.85 m²	overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient natural light	204 days in compensation for a total period of 1,030 days spent in detention in inadequate conditions from 06/11/2016 to 23/12/2019, including the periods spent in Botoșani and Iași Prisons, except for the periods indicated in column no. 4	3,000
	55316/18 28/12/2018	Marian LUPU 1986	Galați Prison 23/12/2019 pending More than 2 year(s) and 4 month(s)	2.25 m²	overcrowding (save for the period 10/03/2020 - 14/04/2020), bunk beds, lack or inadequate furniture, mouldy or dirty cell, infestation of cell with insects/rodents	492 days in compensation for a total period of 2,466 days spent in detention in inadequate conditions from 31/12/2012 to 23/12/2019, including the periods spent in Galați Prison, except for the period 15/01/2013 - 28/02/2013 spent in a transit room	3,000
	55719/18 11/12/2018	Valentin-Marian GROZA 1988	Giurgiu Prison 19/06/2018 to 05/07/2018 17 day(s) Giurgiu Prison 16/07/2018 to 26/07/2018 11 day(s) Giurgiu Prison 06/08/2018 to 06/09/2018 1 month(s) and 1 day(s) Craiova and Giurgiu Prisons 06/12/2019 to 17/09/2020 9 month(s) and 12 day(s) Craiova Prison 19/08/2021 pending More than 8 month(s)	3.24 - 4.30 m²	overcrowding (the indicated surfaces included the toilet and shower, which were situated in the room), lack of privacy for toilet, bunk beds, lack of or insufficient natural light, infestation of cell with insects/rodents	504 days in compensation for a total period of 2,537 days spent in detention in inadequate conditions from 24/07/2012 to 06/12/2019, including the periods spent in Craiova, Mioveni and Giurgiu Prisons, except for the periods indicated in column no. 4	3,000
	57136/18 22/05/2019	Neculai PASTRAMĂ 1974	Galați Prison 23/12/2019 to 27/02/2021 1 year(s) and 2 month(s) and 5 day(s)	2.25 m²	overcrowding (save for the period 29/08/2020 - 01/09/2020), lack of or inadequate hygienic facilities, poor quality of potable water, no or restricted access to shower, infestation of cell with insects/rodents	162 days in compensation for a total period of 825 days spent in detention in inadequate conditions from 10/08/2017 to 23/12/2019, including the periods spent in Galați, Tulcea and Brăila Prisons, except for the period 26/03/2019 - 29/03/2019 spent in infirmary	3,000

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