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You are here: BAILII >> Databases >> European Court of Human Rights >> ILIAS AND OTHERS v. ROMANIA - 7219/14 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2018] ECHR 217 (08 March 2018) URL: http://www.bailii.org/eu/cases/ECHR/2018/217.html Cite as: ECLI:CE:ECHR:2018:0308JUD000721914, [2018] ECHR 217, CE:ECHR:2018:0308JUD000721914 |
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FOURTH SECTION
CASE OF ILIAȘ AND OTHERS v. ROMANIA
(Application no. 7219/14 and 26 other applications)
JUDGMENT
STRASBOURG
8 March 2018
This judgment is final but it may be subject to editorial revision.
In the case of Iliaș and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
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 applications were communicated to the Romanian Government ("the Government").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 -�141, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149-�159, 10 January 2012).8. In the pilot 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 cases.9. 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, the Court considers that in the instant cases the applicants' conditions of detention were inadequate.10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
11. 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."
12. Regard being had to the documents in its possession and to its case-�law (see, in particular, Rezmiveș and Others v. Romania, nos. 61467/12 and 3 others, 25 April 2017, §§ 78-79), the Court considers it reasonable to award the sums indicated in the appended table.13. 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 applications admissible;
3. Holds that they disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention;
5. 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 8 March 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtVincent A. De Gaetano
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No. | Application no. Date of introduction | Applicant name Date of birth
| 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] |
14/07/2014 | Ioan Iliaș 24/06/1970 | Mărgineni Penitentiary 20/02/2012 to 09/12/2014 2 years and 9 months and 19 days
| 1.8 - 2.3 m² | overcrowding, no or restricted access to potable water, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, lack or inadequate furniture, mouldy or dirty cell, lack of toiletries, inadequate temperature | 3,000 | |
25/03/2014 | Ioan Mich 01/03/1963 | Maramureș Police Inspectorate, Gherla, Rahova and Baia Mare Penitentiaries 08/10/2012 to 13/09/2016 3 years and 11 months and 6 days
| 1.3 - 2.7 m² | overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of fresh air, lack or inadequate furniture, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or insufficient quantity of food, poor quality of food, two concrete beds, lack of or insufficient natural light, inadequate transport conditions
| 3,000 | |
22/07/2014 | Cătălin-Vasile Brumă 27/09/1977 | Cluj Police Inspectorate, Gherla, Bistrița Penitentiaries 19/01/2013 to 30/06/2015 2 years and 5 months and 10 days | 1.2 - 2.1 m² | overcrowding (save for the period of 08/10/2014 - 11/02/2015), lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of toilet in the courtyard, poor quality of food | 3,000 | |
31/07/2014 | Romeo Gavril Rostaș 17/12/1979 | Gherla Penitentiary 20/07/2012 pending More than 5 years and 4 months and 17 days
| 2,2 m² | overcrowding, poor quality of food, lack of or inadequate hygienic facilities, lack of fresh air
| 5,000 | |
29/05/2015 | Aldisio Andrea Zappa 06/03/1954 | Oradea, Arad and Aiud Penitentiaries 26/04/2012 pending More than 5 years and 7 months and 9 days
| 2 - 2.9 m² | overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, inadequate transport conditions, infestation of cell with insects/rodents, inadequate temperature, lack of fresh air, mouldy or dirty cell, lack or inadequate furniture | 5,000 | |
06/10/2014 | Bogdănel Ion Drăgan 10/11/1977 | Aiud, Arad Penitentiaries Rahova Hospital Penitentiary 14/10/2013 Pending
More than 4 years and 1 month and 23 days
| 1.5 m² | overcrowding, lack of or inadequate hygienic facilities, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, poor quality of food, no or restricted access to warm water, inadequate temperature
| 3,000 | |
26/12/2014 | Ștefan-Marian Machedon 03/08/1974 | Miercurea Ciuc Penitentiary 17/12/2015 pending More than 1 year and 11 months and 25 days
| 1.5 - 1.7 m² | overcrowding, lack of or inadequate furniture, lack of or inadequate hygienic facilities, mouldy or dirty cell | 3,000 | |
13/01/2015 | Măzărel Bălan 27/06/1961 | Iași Penitentiary 07/08/2014 pending More than 3 years and 4 months | 1.2 - 2.4 m² | overcrowding, infestation of cell with insects/rodents, inadequate temperature, lack of or inadequate furniture, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, poor quality of food, no or restricted access to warm water | 3,000 | |
03/03/2015 | Niculai Tînjelaru 16/01/1968 | Bucharest Central Arrest, Rahova, Colibași, Jilava Penitentiaries 03/10/2010 pending More than 7 years and 2 months and 2 days | 1 - 2.9 m² | overcrowding, lack of fresh air, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, poor quality of food, poor quality of potable water, lack of or inadequate furniture, infestation of cell with insects/rodents
| 5,000 | |
21/04/2016 | ||||||
27/04/2015 | Costin-Ioan Bucur 11/05/1979 | Miercurea Ciuc Penitentiary 20/02/2015 to 12/06/2015 3 months and 24 days | 1.3 - 2 m² | overcrowding, poor quality of food, lack of or inadequate furniture, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air
| 1,000 | |
18/06/2015 | Ionel Rizan 08/07/1978 | Slobozia Penitentiary 14/10/2014 to 13/07/2015 9 months | 1.6 - 2.2 m² | overcrowding, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, poor quality of food, poor quality of potable water, lack of or poor quality of bedding and bed linen, lack of or inadequate furniture | 1,000 | |
30/12/2015 | Octavian-Alexandru Vrapciu 08/06/1974
Represented by Bizău Victoriţa, Schwanstetten | Buzău Police Inspectorate, Penitentiaries of Mândrești (Focșani) and Mărgineni 23/08/2014 pending More than 3 years and 3 months and 12 days | 1.3 - 2 m² | overcrowding, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or inadequate furniture, lack of privacy for toilet, lack of fresh air, poor quality of food | 3,000 | |
10/02/2016 | Robert-Marian Predoi 11/06/1986 | Rahova, Aiud Penitentiaries 20/11/2014 to 27/06/2016 1 year and 7 months and 8 days
| 1.9 - 2.6 m² | overcrowding (save for the period of 12/11/2015 - 27/06/2016), lack of furniture, poor quality of food, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, inadequate temperature, lack of or inadequate furniture | 3,000 | |
23/09/2015 | Eduard Gabriel Mihai 21/08/1991 | Penitentiaries of Mărgineni, Tichilești, Ploiești and Găești 22/02/2012 to 01/11/2016 4 years and 8 months and 11 days
| 1.4 - 2.7 m² | overcrowding, lack of or insufficient natural light, inadequate temperature, lack of or inadequate hygienic facilities, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, no or restricted access to toilet
| 3,000 | |
22/09/2015 | Vasile-Adrian Oachiș 13/08/1971
Represented by Ilie Gina-Nicoleta Bucharest
| Gherla Penitentiary 22/05/2014 to 22/06/2016 2 years and 1 month and 2 days
| 1.8 - 2.9 m² | overcrowding, poor quality of food, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of fresh air | 3,000 | |
26/11/2015 | Gigi-Costel Teodorov 26/12/1977 | Tulcea Penitentiary 23/10/2014 pending More than 3 years and 1 month and 19 days
| 1.7 - 1.8 m² | overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of privacy for toilet, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, inadequate temperature, poor quality of food, lack of or inadequate furniture | 3,000 | |
13/10/2015 | Claudiu-Costel Corduneanu 20/05/1985 | Bacău, Iași, Vaslui Penitentiaries 23/10/2014 pending More than 3 years and 1 month and 12 days | 1.2 -2.1 m² | overcrowding, insufficient number of sleeping places, infestation of cell with insects/rodents, poor quality of food, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, lack of fresh air, no or restricted access to running water, lack of or inadequate furniture
| 3,000 | |
26/11/2015 | Alin-Corneliu Albert 23/07/1991 | Miercurea Ciuc Penitentiary 30/09/2013 pending More than 4 years and 2 months and 12 days | 1.5 - 1.7 m² | overcrowding, lack of or inadequate furniture, lack of or inadequate hygienic facilities | 3,000 | |
07/03/2016 | Victor-Bogdan Duduman 22/06/1983
Represented by Peter Irina Maria Bucharest | Bucharest Central Police Arrest and Penitentiaries of Rahova, Giurgiu and Jilava 07/09/2012 pending More than 5 years and 3 months and 5 days
| 1.4 -2.1 m² | overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or inadequate furniture, inadequate temperature, lack of fresh air, poor quality of food | 5,000 | |
20/11/2015 | Daniel Varga 17/11/1984 | Gherla Penitentiary 04/03/2009 pending More than 8 years and 9 months and 10 days
| 1.9 - 2.7 m² | overcrowding, no or restricted access to toilet, lack of or inadequate hygienic facilities, lack of or insufficient natural light, mouldy or dirty cell | 5,000 | |
26/11/2015 | Petre-Alin Gabor 31/08/1987 | Miercurea Ciuc Penitentiary 14/01/2013 to 05/02/2016 3 years and 23 days
| 1.5 -1.8 m² | overcrowding, lack of fresh air, poor quality of food, inadequate temperature, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of or inadequate furniture, mouldy or dirty cell
| 3,000 | |
08/12/2015 | Daniel-Georginel Ion 28/05/1986 | Penitentiaries of Ploiești, Aiud, Codlea, Miercurea Ciuc and Mărgineni 25/06/2010 pending More than 7 years and 5 months and 18 days
| 1.45 - 2.1 m² | overcrowding, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air, lack of fresh air, poor quality of food
| 5,000 | |
08/03/2016 | Gabriel-Lili Gorgos 19/09/1977 | Iași, Vaslui Penitentiaries 27/05/2015 pending More than 2 years and 6 months and 16 days
| 1.3 - 2.9 m² | overcrowding, poor quality of food, lack of or inadequate furniture, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or restricted access to leisure or educational activities | 3,000 | |
09/02/2016 | Marian-Dan Sălăgean 29/01/1987 | Aiud Penitentiary 31/05/2010 to 10/05/2016 5 years and 11 months and 11 days
| 1.6 - 2.5 m² | overcrowding, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, mouldy or dirty cell, lack of or insufficient natural light, lack of or inadequate furniture, lack of or inadequate hygienic facilities, lack of privacy for toilet, inadequate temperature
| 5,000 | |
25/02/2016 | Mihai Farcașanu 01/04/1957 | Neamț Police Inspectorate, Bacău, Vaslui Penitentiaries 07/10/2014 pending More than 3 years and 2 months and 6 days
| 2 - 2.9 m² | overcrowding, inadequate and insufficient furniture, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, inadequate temperature, lack of privacy for toilet
| 3,000 | |
07/03/2016 | Daniel Enache 26/02/1988 | Miercurea Ciuc Penitentiary 25/04/2013 pending More than 4 years and 7 months and 18 days | 1.3 - 1.9 m² | overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or inadequate furniture, lack of or restricted access to leisure or educational activities, lack of or insufficient natural light, poor quality of food
| 3,000 |
[1] Plus any tax that may be chargeable to the applicants.
