IULIAN AND OTHERS v. ROMANIA - 29349/16 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2021] ECHR 1118 (16 December 2021)

JUDGMENT STRASBOURG 16 December 2021 This judgment is final but it may be subject to editorial revision. In the case of Iulian 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 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 application no. 9465/17, the applicant also raised other complaints under Article 3 of the Convention. 12. The Court has examined this application 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 application 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 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 application no. 9465/17 inadmissible; 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 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. {signature_p_2} 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] 29349/16 22/06/2016 Florin IULIAN Constanța County Police Station; Poarta Albă Prison Hospital; Poarta Albă (including Valu lui Traian), Rahova, Slobozia and Tulcea Prisons 28/03/2011 to 05/10/2016 5 year(s) and 6 month(s) and 8 day(s) 1.32-2.97 m² overcrowding (save for 28/03/2011-26/04/2011; 06-18/05/2011; 25/06-02/07/2012; 11/07-28/09/2012; 03-19/10/2012; 28/04-06/05/2011; 03-10/06/2013), lack of or insufficient electric light, infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, lack of fresh air, poor quality of food, mouldy or dirty cell, no or restricted access to running water, no or restricted access to warm water, lack of privacy for toilet, inadequate temperature, bunk beds, poor quality of potable water 5,000 61630/16 14/12/2016 Mihai-Alexandru COJOCARU Gorj County Police Station; Târgu Jiu, Craiova and Rahova Prisons 25/09/2008 to 13/12/2016 8 year(s) and 2 month(s) and 19 day(s) 1.02-3 m² overcrowding, lack of or poor quality of bedding and bed linen, no or insufficient disinfection of barbering and haircutting tools, lack of toiletries, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to shower, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, constant electric light, bunk beds, lack of or restricted access to leisure or educational activities, poor quality of food, insufficient number of sleeping places, lack of or insufficient electric light, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, inadequate temperature 5,000 62607/16 19/10/2016 Alexandru CIOROIANU Constantin Fuiorea-Drăgan Târgu Jiu Gorj County Police Station; Craiova, Rahova, Giurgiu and Târgu Jiu Prisons 22/03/2011 to 28/06/2016 5 year(s) and 3 month(s) and 7 day(s) 1-2.84 m² overcrowding (save for 22– 28/03/2011), lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, bunk beds, mouldy or dirty cell, insufficient number of sleeping places, no or restricted access to warm water, lack of toiletries, inadequate temperature, poor quality of potable water, poor quality of food, no or restricted access to shower, lack of or inadequate hygienic facilities 5,000 78205/16 04/02/2017 Lucian GĂINĂ Irina Maria Peter Bucharest Bucharest Central Arrest; Rahova, Jilava and Găești Prisons 26/05/2014 to 10/09/2016 2 year(s) and 3 month(s) and 16 day(s) 1.35-2.79 m² overcrowding (save for 20/10/2014-18/02/2015; 10/06-03/07/2015), lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack or inadequate furniture, poor quality of food, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, lack of toiletries, bunk beds, mouldy or dirty cell, infestation of cell with insects/rodents, inadequate temperature, lack of fresh air, no or restricted access to running water, no or restricted access to warm water, lack of or inadequate hygienic facilities, poor quality of potable water 3,000 79399/16 02/02/2017 Ionuț-Alexandru CONSTANTIN Bucharest Central Arrest; Jilava, Giurgiu, Mărgineni, Miercurea Ciuc, Târgu Jiu and Ploiești Prisons 02/01/2005 to 13/10/2017 12 year(s) and 9 month(s) and 12 day(s) 1.07-2.87 m² overcrowding (save for 26/05-07/06/2016), bunk beds, insufficient number of sleeping places, lack of or inadequate hygienic facilities, lack of privacy for toilet, 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 shower, no or restricted access to warm water, lack of fresh air, lack of or insufficient physical exercise in fresh air, poor quality of food, mouldy or dirty cell, poor quality of potable water, lack of or restricted access to leisure or educational activities, inadequate temperature, no or restricted access to running water 5,000 79507/16 07/03/2017 Constantin BUCIOVEANU Bucharest Police Detention Facility no. 8 and Rahova, Găești and Jilava Prisons 20/12/2012 to 14/09/2016 3 year(s) and 8 month(s) and 26 day(s) 1.19-2.73 m² overcrowding (save for 20/12/2012-08/01/2013; 01-31/07/2013), lack of or insufficient natural light, lack of fresh air, inadequate temperature, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, infestation of cell with insects/rodents 3,000 425/17 25/01/2017 Aleksandar TSONEV Peter Irina Maria Bucharest Bucharest Police Detention Facility no. 3; Giurgiu, Jilava, Rahova and Găești Prisons 04/06/2010 to 21/09/2016 6 year(s) and 3 month(s) and 18 day(s) 1.10-2.92 m² overcrowding (save for 19/10/2015-15/09/2016), bunk beds, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, infestation of cell with insects/rodents, inadequate temperature, mouldy or dirty cell, lack of or insufficient natural light, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, no or restricted access to toilet, no or restricted access to warm water, poor quality of potable water, no or restricted access to shower 5,000 846/17 20/01/2017 Cătălin-Iulian ŞERBAN Bucharest Central Arrest; Rahova, Jilava, Giurgiu, Mărgineni and Găești Prisons 30/06/2009 to 30/08/2017 8 year(s) and 2 month(s) and 1 day(s) 1.02-2.86 m² overcrowding (save for 06-10/08/2009; 17/10-09/11/2016), infestation of cell with insects/rodents, lack of privacy for toilet, no or restricted access to warm water, mouldy or dirty cell, lack or inadequate furniture, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of food, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, no or restricted access to running water, no or restricted access to potable water, no or restricted access to toilet, inadequate temperature, poor quality of potable water, no or insufficient disinfection of barbering and haircutting tools, lack of or inadequate hygienic facilities, lack or insufficient quantity of food 5,000 4540/17 03/01/2017 Ovidiu NAGY Vasile Rareş Biro Satu Mare Satu Mare County Police Station; Oradea, Târgu Mureș and Satu Mare Prisons 05/08/2011 to 19/07/2016 4 year(s) and 11 month(s) and 15 day(s) 1.17-2.76 m² overcrowding (save for 13/02-01/03/2012), bunk beds, no or restricted access to toilet, lack of fresh air, lack or inadequate furniture, poor quality of food, lack of or poor quality of bedding and bed linen, no or restricted access to shower, infestation of cell with insects/rodents, no or restricted access to warm water, mouldy or dirty cell, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air 3,000 4547/17 03/01/2017 Lucian-Cristian DOBOEȘ Vasile Rareş Biro Satu Mare Maramureș County Police Station; Baia Mare, Gherla and Rahova Prisons 12/05/2011 to 20/12/2016 5 year(s) and 7 month(s) and 9 day(s) 1.17-2.73 m² overcrowding (save for 12-16/05/2011), inadequate temperature, lack or inadequate furniture, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet, mouldy or dirty cell, poor quality of food, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, bunk beds, infestation of cell with insects/rodents, poor quality of potable water, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities 5,000 5191/17 06/01/2017 Gheorghe Aurelian MARIAN Vasile Rareş Biro Satu Mare Oradea, Satu Mare Prisons 24/12/2015 to 07/06/2017 1 year(s) and 5 month(s) and 15 day(s) 1.3-2.37 m² overcrowding, bunk beds, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to shower, no or restricted access to warm water, mouldy or dirty cell, lack of or insufficient natural light, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of fresh air, constant electric light, lack of or restricted access to leisure or educational activities 3,000 5364/17 06/02/2017 Tiberiu FEIER Cluj County Police Station; Gherla, Oradea and Bistrița Prisons 12/04/2013 to 22/03/2017 3 year(s) and 11 month(s) and 11 day(s) 1.56-2.88 m² overcrowding (save for 07-27/10/2015), lack of fresh air, mouldy or dirty cell, no or restricted access to toilet, poor quality of food, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, infestation of cell with insects/rodents 3,000 5368/17 23/02/2017 Dan-Ioan CILEAN Bistrița Prison 21/06/2016 to 13/06/2017 11 month(s) and 24 day(s) 2.17-2.35 m² overcrowding, bunk beds, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, lack of or inadequate hygienic facilities 1,000 6084/17 14/02/2017 Vlad-Andrei VLONGA Irina Maria Peter Bucharest Bucharest Police Detention Facility no. 9; Rahova, Mioveni (Colibași) and Jilava Prisons 16/06/2011 to 17/01/2017 5 year(s) and 7 month(s) and 2 day(s) 1.24-2.98 m² overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet, lack or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, no or restricted access to toilet, no or restricted access to shower, infestation of cell with insects/rodents, inadequate temperature, mouldy or dirty cell, lack of or inadequate hygienic facilities, poor quality of potable water 5,000 8074/17 06/03/2017 Nelu CERCEL Slobozia and Poarta Albă Prisons 13/07/2011 to 22/08/2017 6 year(s) and 1 month(s) and 10 day(s) 1.38-2.53 m² overcrowding (save for 22-28/04/2014; 18-21/04/2016), bunk beds, lack of or insufficient natural light, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to warm water, mouldy or dirty cell, no or restricted access to shower, lack or inadequate furniture, poor quality of food 5,000 9465/17 10/04/2017 Ionuț-Alexandru LAZĂR Rahova and Jilava Prisons 05/09/2016 to 23/05/2017 8 month(s), 16 day(s) 1.47-2.44 m² overcrowding (save for 12-15/05/2017), bunk beds 1,000 10686/17 07/03/2017 Octavian MOTOI Irina Maria Peter Bucharest Rahova, Jilava and Focşani Prisons; Jilava Prison Hospital 16/10/2015 to 26/01/2017 1 year(s) and 3 month(s) and 11 day(s) 1.27-2.38 m² overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack or inadequate furniture, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, poor quality of potable water, no or restricted access to toilet, shower or running water 3,000 13712/17 21/04/2017 Elena FOTA Craiova and Târgşor Prisons 08/07/2015 to 31/01/2017 1 year(s) and 6 month(s) and 24 day(s) 0.85-2.74 m² overcrowding (save for 14/06-05/12/2016), bunk beds, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to shower, lack or inadequate furniture, poor quality of food, lack of toiletries 3,000 28966/17 03/04/2017 Rareș CHEBELEU Nicoleta Iuga Arad Arad County Police Station; Arad and Timișoara Prisons 27/06/2015 to 26/10/2016 1 year(s) and 3 month(s) and 30 day(s) 2.25 m² overcrowding (save for 27/06-17/12/2015), lack of fresh air, lack of or insufficient natural light, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet, poor quality of food, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, infestation of cell with insects/rodents, lack of privacy for toilet, mouldy or dirty cell 3,000 57441/17 31/07/2017 Ioan BÎRSAN Andreea-Gabriela Cadar Gala ț i Mărgineni, Bacău, Botoşani and Poarta Albă Prisons 07/11/2005 to 26/05/2017 11 year(s), 6 month(s), 20 day(s) 0.71-2.5 m² overcrowding, bunk beds, insufficient number of sleeping places, no or restricted access to running water, no or restricted access to warm water, lack of or inadequate hygienic facilities, poor quality of food, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to toilet, 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 or inadequate furniture, lack of toiletries, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, lack or insufficient quantity of food 5,000 [1] Plus any tax that may be chargeable to the applicants. 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