SIMION AND OTHERS v. ROMANIA - 45802/16 (Article 3 - Prohibition of torture : Fourth Section Committee) [2024] ECHR 45 (18 January 2024)

SIMION AND OTHERS v. ROMANIA - 45802/16 (Article 3 - Prohibition of torture : Fourth Section Committee) [2024] ECHR 45 (18 January 2024)

The Court found that, for the periods specified, the applicants were detained in inadequate conditions contrary to Article 3 of the Convention, and that for those periods where adequate domestic redress was provided, the applications were inadmissible. For other periods, no effective remedy was available, and a violation was established.

Citation
[2024] ECHR 45
Parties
Applicants: Simion and Others; Respondent: Romanian Government
Jurisdiction
European Union
Judgment Date
18 January 2024
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment After Joinder and Substantive Hearing
Outcome
Applications joined; complaints regarding inadequate detention conditions during specified periods admissible and found to breach Article 3; other complaints inadmissible.
Legal Topics
Inadequate Conditions of Detention, Article 3 ECHR, Effective Remedies, Compensation for Non Pecuniary Damage
Human Rights Law Prison Law Inadequate Conditions of Detention Article 3 ECHR Effective Remedies Compensation for Non Pecuniary Damage

Case Brief

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Parties

Simion and Others

Applicants

Romanian Government

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment After Joinder and Substantive Hearing

Legal Issues

  1. 1 Whether the applicants were subjected to inhuman or degrading treatment contrary to Article 3 of the Convention due to inadequate conditions of detention
  2. 2 Whether the applicants had effective domestic remedies available for their complaints
  3. 3 Whether parts of the applications are inadmissible due to loss of victim status or non-exhaustion of domestic remedies

Ratio Decidendi

The Court found that, for the periods specified, the applicants were detained in inadequate conditions contrary to Article 3 of the Convention, and that for those periods where adequate domestic redress was provided, the applications were inadmissible. For other periods, no effective remedy was available, and a violation was established.

Court Disposition

Applications joined; complaints regarding inadequate detention conditions during specified periods admissible and found to breach Article 3; other complaints inadmissible.

Orders

  • Respondent State to pay applicants the amounts indicated in the appended table within three months, converted into national currency at the rate applicable at the date of settlement.
  • Simple interest at the marginal lending rate of the European Central Bank plus three percentage points payable from expiry of three months until settlement.