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You are here: BAILII >> Databases >> European Court of Human Rights >> MANGU AND OTHERS v. ROMANIA - 33079/16 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2019] ECHR 438 (06 June 2019) URL: http://www.bailii.org/eu/cases/ECHR/2019/438.html Cite as: ECLI:CE:ECHR:2019:0606JUD003307916, CE:ECHR:2019:0606JUD003307916, [2019] ECHR 438 |
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FOURTH SECTION
CASE OF MANGU AND OTHERS v. ROMANIA
( Application no. 33079/16and 9 other application s -
see appended list )
JUDGMENT
STRASBOURG
6 June 2019
This judgment is final but it may be subject to editorial revision.
In the case of Mangu and Others v. Romania ,
The European Court of Human Rights ( Fourth Section ), sitting as a Committee composed of:
Georges
Ravarani
,
President,
Marko
Bošnjak
,
Péter
Paczolay
,
judges
,
and
Liv
Tigerstedt
Acting
Deputy Section Registrar
,
THE FACTS
3 . The list of applicant s 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 . In application no. 33079/16, the applicant also raised another complaint under Article 3 of the Convention.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 applicant s 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. In applications nos. 36722/16and 36739/16, the Government raised a preliminary objection of non-compliance with the six-month time-limit, claiming that the applicants ' complaints regarding their initial detention period had been lodged out of time. 8 . The Court observes that in application no. 36722/16the applicant ' s complaint regarding his initial detention in Miercurea Ciuc Prison, which ceased on 2 July 2015 by his transfer to another prison facility in respect of which he did not raise any complaint, was lodged with the Court on 22 July 2016, that is, more than six months after the transfer. 9 . Moreover, the Court notes that in application no. 36739/16the applicant ' s complaint regarding his initial detention period in Jilava Prison, which ceased on 26 January 2005 by his transfer to other prison facilities in respect of which he did not raise any complaint, was lodged with the Court on 20 July 2016, that is, more than six months after the transfer. 10 . Therefore, the Court accepts the Government ' s objection and finds that these parts of applications nos. 36722/16and 36739/16were lodged outside the six-month time-limit and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention. 11. The Court notes that the applicant s were kept in detention in poor conditions. The details of the applicant s ' 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. 42525/07and 60800/08, §§ 149 - 159, 10 January 2012). 12. In the leading case of Rezmiveș and Others v. Romania, nos. 61467/12and 3 others, 25 April 2017, the Court already found a violation in respect of issues similar to those in the present case. 13. Having examined all the material submitted to it, as well as the Government ' s objection concerning the continuous situation of the applicants ' conditions of detention in some of the cases, 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 case the applicant s ' conditions of detention were inadequate. 14. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.III. REMAINING COMPLAINTS
15. In application no. 33079/16, the applicant also raised another complaint under Article 3 of the Convention. 16. 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 matter complained of is within its competence, this complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does 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
17. 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."
18. Regard being had to the documents in its possession and to its case - law (see, in particular, Rezmiveș and Others v. Romania, nos. 61467/12and 3 others, 25 April 2017), the Court considers it reasonable to award the sum s indicated in the appended table. 19. 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, as set out in the appended table, admissible and the remainder of the applications nos. 33079/16, 36722/16and 36739/16inadmissible;
3. Holds that these complaints 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 applicant s , 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 6 June 2019 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv
Tigerstedt
Georges
Ravarani
Acting D
eputy Registrar
President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
( inadequate conditions of detention )
|
Application no. Date of introduction |
Applicant ' s 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] | |
|
|
05/07/2016 |
Florin Mangu 09/04/1979 |
Poarta Albă and Slobozia Prisons 22/12/2015 to 10/07/2017 1 year, 6 months and 19 days |
|
lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, poor quality of food, poor quality of potable water, mouldy or dirty cell, inadequate temperature, lack of or insufficient physical exercise in fresh air ( Slobozia Prison) |
3,000 |
|
|
14/07/2016 |
Ionel Marin- Ioniţă 12/07/1974 |
Bucharest Police Arrest no. 22, Rahova , Giurgiu and Jilava Prisons 04/03/2014 to 19/09/2016 2 years, 6 months and 16 days |
1.4 - 2.9 m² |
overcrowding (save for the periods between 04/03-08/04/2014, 16-22/05/2014, 30/07/2014-19/01/2015 and 18/03-07/04/2016), lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, bunk beds, lack of or restricted access to leisure or educational activities (save for Giurgiu Prison) |
3,000 |
|
|
06/07/2016 |
Doinel-Simion Crăciun 20/09/1974 |
Jilava , Mărgineni and Ploiești Prisons 26/10/2006 pending More than 12 years, 5 months and 15 days |
1.4 - 2.5 m² |
overcrowding (save for the periods between 29/01-10/02/2008 and 11-26/03/2014), lack of or inadequate furniture, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, poor quality of food |
5,000 |
|
|
06/07/2016 |
Claudiu Bălănoiu 15/06/1975 |
Gorj Police Arrest, Craiova Prison 13/05/2011 to 28/03/2018 6 years, 10 months and 16 days |
0.9 - 2 m² |
overcrowding (save for the periods 13-17/05/2011 and 11-14/06/2011), lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or inadequate furniture, bunk beds, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities
|
5,000 |
|
|
03/08/2016 |
Eugen Staviri 06/12/1959 |
Bacău Police Arrest , Bacău, Rahova , Iași , Tulcea, Vaslui, Chilia Veche Prisons 11/07/2009 to 12/04/2018 8 years, 9 months and 2 days |
1.1 - 2.9 m² |
overcrowding (save for the period between 11/07-13/10/2009), lack of or insufficient natural light, lack of fresh air, lack of or inadequate furniture, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food, mouldy or dirty cell
|
5,000 |
|
|
14/07/2016 |
Petrișor Doica 01/07/1991 |
Olt Police Arrest , Jilava Prison Hospital , Craiova, Rahova , Târgu Jiu, Drobeta Turnu Severin Prisons 15/04/2010 to 13/01/2017 6 years, 8 months and 30 days |
1.2 - 2,2 m² |
overcrowding (save for the periods between 15/04-02/06/2010, , 02/05-26/09/2011, 29/09-21/11/2011, 24/11/2011-17/02/2012, 25-28/03/2012 and 19/07-06/08/2012,), lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or inadequate furniture, lack of fresh air, lack of or poor quality of bedding and bed linen, poor quality of food, infestation of cell with insects/rodents, lack of privacy for toilet, bunk beds (Craiova and Drobeta Turnu Severin Prisons), passive smoking ( Rahova Prison)
|
5,000 |
|
|
22/07/2016 |
Boby Bureaţă 21/07/1987 |
Codlea and Miercurea Ciuc Prisons 18/04/2016 to 23/02/2017 10 months and 6 days |
1.2 - 1.7 m² |
overcrowding, bunk beds, inadequate temperature, lack of or inadequate hygienic facilities, lack of or restricted access to leisure or educational activities, infestation of cell with insects/rodents |
1,000 |
|
|
20/07/2016 |
Petre Simion 09/03/1956
Represented by Irina Maria Peter Bucharest |
Jilava , Rahova and Giurgiu Prisons 25/08/2005 to 23/08/2017 11 years, 11 months and 30 days |
1.9 - 2.7 m² |
overcrowding (save for the periods between 19/11/2007-21/01/2009 and 19/02/2012-20/12/2016), lack of or inadequate hygienic facilities, poor quality of food, lack of or inadequate furniture, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities, inadequate temperature |
5,000 |
|
|
20/07/2016 |
Ioan Zoltan 14/05/1976 |
Aiud and Bârcea Mare Prisons 30/06/2015 to 27/03/2017 1 year, 8 months and 28 days
Bârcea Mare Prison 01/10/2018 pending More than 6 months and 10 days |
1.8 - 2.8 m²
1.8 - 2.6 m² |
overcrowding (save for the periods between 06-27/10/2015 and 16-21/12/2015), lack of or inadequate hygienic facilities, lack of or restricted access to leisure or educational activities, lack of or poor quality of bedding and bed linen, poor quality of food, infestation of cell with insects/rodents, lack of or inadequate furniture, lack of fresh air, inadequate temperature, lack of or insufficient natural light overcrowding, lack of or inadequate hygienic facilities, lack of or restricted access to leisure or educational activities, lack of or poor quality of bedding and bed linen, poor quality of food, infestation of cell with insects/rodents, lack of or inadequate furniture, lack of fresh air, inadequate temperature, lack of or insufficient natural light |
3,000 |
|
|
26/07/2016 |
Florin Munteanu 27/08/1985
Represented by Ionela Mărgărit Bucharest |
Galați Police Arrest, Galați , Rahova and Brăila Prisons 14/02/2013 to 08/08/2017 4 years, 5 months and 26 days |
1,2 - 2,4 m² |
overcrowding (save for the periods between 18/11/2015-07/01/2016 and 29/01/2016-16/02/2017), poor quality of food, poor quality of potable water, lack of or poor quality of bedding and bed linen, bunk beds (save for Brăila Prison), lack of or restricted access to leisure or educational activities, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of fresh air, lack of or inadequate furniture, mouldy or dirty cell, no or restricted access to warm water |
3,000 |
[1] . Plus any tax that may be chargeable to the applicants.
