FAINIS v. ROMANIA - 24192/16 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2021] ECHR 1117 (16 December 2021)

JUDGMENT STRASBOURG 16 December 2021 This judgment is final but it may be subject to editorial revision. In the case of Făiniş 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 25 November 2021, 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 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 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 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 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. 10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention. III. REMAINING COMPLAINTS 11. In applications nos. 24192/16 , 36316/16, 46793/16, 46829/16, 53949/16, 55554/16 and 19203/17 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, and Polgar , both 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 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 16 December 2021, 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 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] ) 24192/16 26/05/2015 Constantin FĂINIŞ Craiova and Târgu-Jiu Prisons; Mioveni (Colibaşi) Prison Hospital 03/04/2014 to 01/11/2016 2 year(s) and 6 month(s) and 30 day(s) 0.94 - 2.58 m² overcrowding (except for the period 15/05/2014 - 26/05/2014), infestation of cell with insects/rodents, lack or insufficient quantity of food, poor quality of food, lack of or insufficient natural light, lack of or inadequate hygienic facilities, lack of or restricted access to leisure or educational activities, no or restricted access to warm water, lack or inadequate furniture, inadequate temperature 3,000 25206/16 21/06/2016 Gianfranco CHERT Rahova, Jilava and Timișoara Prisons; Jilava Prison Hospital 19/02/2016 to 24/05/2017 1 year(s) and 3 month(s) and 6 day(s) 1.94 - 3 m² overcrowding (except for the periods 11/04/2016 - 25/04/2016 and 20/03/2017 - 12/04/2017), bunk beds, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, mouldy or dirty cell 3,000 27496/16 04/06/2016 Dorin RĂDULESCU Peter Irina Maria Bucharest Bucharest Police Station nos. 19 and 22; Rahova and Jilava Prisons 09/01/2015 to 09/05/2016 1 year(s) and 4 month(s) and 1 day(s) 1.51 - 2.44 m² overcrowding (except for the periods 03/03/2015 - 10/03/2015 and 29/05/2015 - 04/06/2015), bunk beds, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, poor quality of food, no or restricted access to shower 3,000 28455/16 08/07/2016 Liviu LUPESCU Stoinoiu Cristina Galați Galaţi Prison 26/06/2015 to 06/05/2016 10 month(s) and 11 day(s) Galaţi Prison 17/05/2016 to 03/03/2017 9 month(s) and 15 day(s) 1 - 1.8 m² overcrowding, bunk beds, lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, infestation of cell with insects/rodents, poor quality of food, poor quality of potable water 3,000 28973/16 16/05/2016 Sorin-Vasile VELEA Caraş Severin Police Station; Timișoara and Arad Prisons 07/10/2015 to 22/05/2017 1 year(s) and 7 month(s) and 16 day(s) 2 - 2.33 m² overcrowding (except for the periods 07/10/2015 - 14/10/2015 and 05/11/2015 - 19/05/2016), lack of toiletries, lack of fresh air, mouldy or dirty cell, lack of privacy for toilet, bunk beds, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, poor quality of food, lack or inadequate furniture 3,000 31509/16 05/09/2016 Barna-Ioan FARKAS Biro Vasile Rareş Satu Mare Bihor County Police Station and Oradea Prison 11/07/2008 to 14/08/2008 1 month(s) and 4 day(s) Oradea and Satu Mare Prisons 21/08/2008 to 28/02/2017 8 year(s) and 6 month(s) and 8 day(s) 1.39 - 2.77 m² overcrowding (except for 26/08/2008, and the following periods 15/04/2009 - 23/06/2009, 29/09/2009 - 22/02/2010 and 01/08/2011 - 10/03/2013), lack of privacy for toilet, lack of fresh air, lack or inadequate furniture, poor quality of food, lack of or poor quality of bedding and bed linen, bunk beds, infestation of cell with insects/rodents, no or restricted access to shower, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, inadequate temperature 5,000 31882/16 29/07/2016 Marin MORONESCU Olt County Police Station; Craiova, Drobeta-Turnu Severin, Drobeta-Turnu Severin - Vânjuleț Exterior Section and Craiova - Pelendava Prisons; Mioveni (Colibași) Prison Hospital 24/06/2014 to 10/10/2017 3 year(s) and 3 month(s) and 17 day(s) 1.30 - 2.56 m² overcrowding (except for the periods 24/06/2014 - 25/06/2014, 27/06/2014 - 28/06/2014, 26/11/2015 - 07/12/2015, 11/01/2016 - 19/01/2016, 28/04/2016 - 06/05/2016, 16/05/2016 - 23/06/2016, 01/07/2016 - 14/09/2016 and 06/02/2017 - 27/02/2017), mouldy or dirty cell, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, poor quality of food, no or restricted access to warm water 3,000 32463/16 03/06/2016 Ovidiu-Mircea BÂRLEA Timiș County Police Station; Timișoara and Rahova Prisons 22/06/2010 to 20/10/2011 1 year(s) and 3 month(s) and 29 day(s) Timișoara and Rahova Prisons 27/10/2011 to 31/01/2012 3 month(s) and 5 day(s) Timișoara, Rahova and Arad Prisons 02/02/2012 to 14/06/2016 4 year(s) and 4 month(s) and 13 day(s) 1.93 - 2.62 m² overcrowding (except for the period 03/07/2012 - 15/05/2014), passive smoking, bunk beds, lack of privacy for toilet, mouldy or dirty cell, lack of toiletries, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to potable water, poor quality of potable water, inadequate temperature, infestation of cell with insects/rodents 5,000 36316/16 20/09/2016 Costel RADU Stuparu Lucian Craiova Craiova, Drobeta-Turnu Severin and Craiova - Pelendava Prisons 13/05/2010 to 16/05/2016 6 year(s) and 4 day(s) Craiova - Pelendava Prison 01/06/2016 to 19/09/2016 3 month(s) and 19 day(s) Craiova - Pelendava Prison 06/10/2016 to 20/10/2016 15 day(s) Craiova - Pelendava Prison 16/02/2017 to 06/03/2017 19 day(s) 0.94 - 2.22 m² overcrowding (except for the periods 15/02/2014 - 06/03/2014, 05/05/2016 - 16/05/2016, 01/06/2016 - 19/09/2016, 06/10/2016 - 20/10/2016 and 16/02/2017 - 06/03/2017), bunk beds, lack or inadequate furniture, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, poor quality of food, no or restricted access to warm water, mouldy or dirty cell 5,000 38254/16 21/07/2016 Vasile ÎMPUŞCATU Rahova and Jilava Prisons 25/04/2016 to 01/11/2016 6 month(s) and 8 day(s) Jilava Prison 03/11/2016 to 06/06/2017 7 month(s) and 4 day(s) 1.68 - 2.45 m² overcrowding (except for the period 10/05/2016 - 17/05/2016), mouldy or dirty cell, poor quality of food, lack of or poor quality of bedding and bed linen, lack of fresh air, poor quality of potable water, infestation of cell with insects/rodents, no or restricted access to shower, inadequate temperature, lack of or restricted access to leisure or educational activities 3,000 40838/16 03/08/2016 Petru DINU Iași, Tulcea, Botoșani and Vaslui Prisons; Constanța - Poarta Albă and Târgu Ocna Prison Hospitals 10/06/2014 to 15/03/2017 2 year(s) and 9 month(s) and 6 day(s) 1.90 - 2.86 m² overcrowding (except for the periods 08/07/2014 - 22/07/2014, 02/02/2015 - 23/02/2015, 01/10/2015 - 26/10/2015, 05/02/2016 - 12/02/2016, 23/02/2016 - 25/02/2016 and 04/03/2016 - 07/03/2016), lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, mouldy or dirty cell, infestation of cell with insects/rodents, lack of privacy for toilet, poor quality of food, lack of or poor quality of bedding and bed linen 3,000 41518/16 15/09/2016 Dumitru GIURCĂ Târgu Jiu and Craiova Prisons 24/04/2015 to 03/10/2017 2 year(s) and 5 month(s) and 10 day(s) 1.45 - 2.58 m² overcrowding (except for the period 24/04/2015 - 27/04/2015), bunk beds, lack or inadequate furniture, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of toiletries, no or restricted access to shower, lack of privacy for toilet, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of potable water 3,000 44115/16 03/11/2016 Florinel BECHEANU Bucharest Police detention facilities no. 15; Rahova, Mioveni (Colibași) and Giurgiu Prisons 09/12/2011 to 22/11/2012 11 month(s) and 14 day(s) Giurgiu Prison 27/11/2012 to 17/05/2013 5 month(s) and 21 day(s) Giurgiu and Craiova Prisons 20/05/2013 to 21/10/2013 5 month(s) and 2 day(s) Giurgiu Prison 25/10/2013 to 25/02/2014 4 month(s) and 1 day(s) Giurgiu, Jilava, Drobeta-Turnu Severin and Drobeta-Turnu Severin - Vânjuleț Exterior Section Prisons 28/02/2014 to 08/06/2017 3 year(s) and 3 month(s) and 12 day(s) 1.11 - 2.89 m² overcrowding (except for the periods 23/02/2015 - 27/08/2015, 28/07/2016 - 02/09/2016 and 07/04/2017 - 08/06/2017), mouldy or dirty cell, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, infestation of cell with insects/rodents, bunk beds, poor quality of food, poor quality of potable water, inadequate temperature 5,000 46793/16 01/11/2016 Sergiu IACOB Peter Irina Maria Bucharest Galați Prison 13/11/2015 to 19/02/2016 3 month(s) and 7 day(s) Galați and Brăila Prisons 26/02/2016 to 06/12/2016 9 month(s) and 11 day(s) 1.20 - 1.76 m² overcrowding (except for the period 04/11/2016 - 06/12/2016), bunk beds, no or restricted access to shower, lack of or poor quality of bedding and bed linen, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of toiletries 3,000 46829/16 20/09/2016 Costel CHESARU Peter Irina Maria Bucharest Focșani Prison 29/01/2016 to 18/11/2016 9 month(s) and 21 day(s) 1.59 - 2.43 m² overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, lack of toiletries 1,000 53949/16 29/09/2016 Mitică MANOLE Brăila Prison 29/03/2016 to 11/10/2016 6 month(s) and 13 day(s) 1.25 m² overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to warm water, lack or inadequate furniture, lack of fresh air, lack of or insufficient natural light, poor quality of food, no or restricted access to toilet 1,000 55554/16 21/11/2016 Petrică PAȘCA Baia Mare Prison 11/12/2015 to 21/12/2016 1 year(s) and 11 day(s) 2.08 - 2.32 m² overcrowding (save for the period 21/04/2016 - 26/04/2016), passive smoking, poor quality of food, no or restricted access to toilet, no or restricted access to running water, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents 3,000 72771/16 16/01/2017 Ionuț-Marius ROGOVEANU Cadar Andreea-Gabriela Galați Constanța - Poarta Albă Prison 29/05/2015 to 03/06/2015 6 day(s) Constanța - Poarta Albă, Slobozia and Constanța - Poarta Albă - Valu lui Traian Exterior Section Prisons 09/06/2015 to 07/09/2017 2 year(s) and 2 month(s) and 30 day(s) 1.75 - 2.93 m² overcrowding, infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to shower, no or restricted access to toilet, constant electric light, bunk beds, no or restricted access to running water, lack of or poor quality of bedding and bed linen, inadequate temperature, mouldy or dirty cell, lack of toiletries, poor quality of food, lack of or insufficient physical exercise in fresh air 3,000 6550/17 10/02/2017 Cornel LĂUTARU Dâmbovița County Police Station; Mărgineni, Ploiești, Bucharest - Rahova and Găești Prisons; Bucharest - Rahova and Mioveni (Colibași) Prison Hospitals 21/03/2012 to 28/02/2017 4 year(s) and 11 month(s) and 8 day(s) 1.07 - 2.23 m² overcrowding (save for the periods 26/08/2013 - 06/09/2013, 04/09/2014 - 11/09/2014 and 22/01/2016 - 28/02/2017), lack or inadequate furniture, no or restricted access to toilet, no or restricted access to shower, lack of fresh air, lack of or insufficient natural light, lack of or insufficient quantity of food, bunk beds, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of toiletries 3,000 19203/17 01/03/2017 Radu-Paul GOȘMAN Nichita-Costescu Cezara-Maria Timișoara Timișoara Prison 01/09/2014 to 23/10/2014 1 month(s) and 23 day(s) Timișoara and Focșani Prisons 27/10/2014 to 02/08/2017 2 year(s) and 9 month(s) and 7 day(s) 1.32 - 2.40 m² overcrowding, lack of fresh air, lack of or insufficient natural light, constant electric light, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, lack of toiletries, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, infestation of cell with insects/rodents, inadequate temperature, poor quality of food 3,000 [1] Plus any tax that may be chargeable to the applicants. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII