CHIRIAC AND OTHERS v. ROMANIA - 59097/13 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2018] ECHR 216 (08 March 2018)

In the case of Chiriac 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,

Having deliberated in private on 15 February 2018

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 applications were communicated to the Romanian Government ("the Government").

3. In application no. 40837/15, by letter dated 8 February 2017, the applicant notified the Court that he had changed his name, the new one being Ciprian-Florin Kalo. The Court advised the parties on 10 March 2017 that it would continue processing the application under the case name of Varga v. Romania. This corresponded to the applicant's name as referred to in his application lodged with the Court.

THE FACTS

4. The list of applicants and the relevant details of the applications are set out in the appended table.

5. The applicants complained of the inadequate conditions of their detention. Some applicants also raised other complaints under Article 3.

THE LAW

I. JOINDER OF THE APPLICATIONS

6. 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

7. 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."

8. In applications nos. 71297/14 and 24689/15 the Government raised a preliminary objection of failure to comply with the six-month time-limit claiming that the parts of the applicants' complaints concerning the initial period of their detention had been lodged out of time.

9. The Court observes that in application no. 71297/14 the complaint about the initial period of the applicant's detention which was terminated by his release on 4 May 2010 was lodged with the Court more than four years later, on 23 October 2014. The Court further notes that the applicant's complaint in application no. 24689/15, about the initial period of his detention which was terminated by his transfer on 18 April 2013 to penitentiary facilities in respect of which he did not raise any complaint, was submitted to the Court more than two years later, on 4 June 2015. In both instances these parts of their complaints were thus raised more than six months after the respective detention period had ended.

10. Accordingly, the Court accepts the Government's objection in this respect and finds that these parts of the applications nos. 71297/14 and 24689/15 have been introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

11. 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).

12. 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 case.

13. 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 case the applicants' 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. The applicants in applications nos. 512/15 and 6540/15 also raised other complaints under Article 3 of the Convention.

16. 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

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. 61467/12 and 3 others, 25 April 2017), the Court considers it reasonable to award the sums 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. 71297/14, 512/15, 6540/15 and 24689/15 inadmissible;

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 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]
	59097/13 12/09/2013	Petrachi Chiriac 30/04/1968	Galați County Police Inspectorate, Galați Penitentiary and Rahova Penitentiary 23/11/2012 to 22/07/2015 2 year(s) and 8 month(s)	1.6-2.7 m²	overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to running water, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to shower, passive smoking (except in Galați Penitentiary), bunk beds	3,000
	31137/14 08/09/2014	George Adrian Stoican 23/04/1990	Focșani Penitentiary 13/03/2014 pending More than 3 year(s) and 8 month(s) and 26 day(s)	1.4-2.1 m²	overcrowding, infestation of cell with insects/rodents, bunk beds, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities	3,000
	37505/14 06/06/2014	Bogdan Chiriac 07/02/1982	Rahova Penitentiary 20/08/2013 to 10/07/2014 10 month(s) and 21 day(s)	1.9-2.4 m²	overcrowding, infestation of cell with insects/rodents, no or restricted access to warm water, lack of or inadequate hygienic facilities	1,000
	41205/14 11/09/2014	Gheorghiță Pană 12/03/1978	Slobozia Penitentiary 17/03/2011 to 11/11/2016 5 year(s) and 7 month(s) and 26 day(s)	1.9-2.7 m²	overcrowding, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to running water, lack of toiletries, lack of or insufficient natural light, lack of fresh air	5,000
	53413/14 25/08/2014	Zoran Aga 26/04/1991	Timișoara Penitentiary 26/11/2013 to 27/11/2014 1 year(s) and 2 day(s)	2.2-2.9 m²	overcrowding (save for the period between 16/12/2013 - 23/01/2014), infestation of cell with insects/rodents, bunk beds, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack or inadequate furniture, lack of or insufficient electric light, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities	3,000
	53718/14 18/08/2014	Ionuț Ceobanu 16/01/1982	Timișoara Penitentiary 07/02/2014 pending More than 3 year(s) and 10 month(s) and 2 day(s)	1.8 m²	overcrowding (for the period between 07/02/2014 - 15/03/2014), bunk beds, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, lack of toiletries, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air	3,000
	56611/14 25/08/2014	Ioan Rus 23/02/1972	Timișoara Penitentiary, Jilava Penitentiary, Mărgineni Penitentiary, Ploiești Penitentiary 13/01/1998 to 03/04/2017 19 year(s) and 2 month(s) and 22 day(s)	1.1-2.8 m²	overcrowding, lack of fresh air, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or inadequate hygienic facilities	5,000
	18869/15 13/05/2015	Ioan Rus 23/02/1972		1.1-2.8 m²		5,000
	64965/14 25/02/2015	Dimu Polifroni 25/09/1958	Bucharest County Police Inspectorate Arrest Facility, Rahova Penitentiary, Tulcea Penitentiary, Poarta Albă Penitentiary 28/01/2013 pending More than 4 year(s) and 10 month(s) and 15 day(s)	1.6-2.9 m²	overcrowding (save for the periods between 22/08/2013 - 05/09/2013, 06/02/2014 - 13/02/2014 and after 01/09/2015), bunk beds, 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 warm water, mouldy or dirty cell, lack of or insufficient natural light, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, inadequate temperature, passive smoking (Penitentiaries of Rahova and Poarta Albă), poor quality of food, no or restricted access to running water	3,000
	71297/14 23/10/2014	Florin Simion 14/05/1970	Galați Penitentiary 17/02/2014 to 03/04/2014 1 month(s) and 18 day(s) Brăila Penitentiary 03/04/2014 pending More than 3 year(s) and 8 month(s) and 10 day(s)	1.2-1.6 m² 1.3-2.5 m²	overcrowding, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of potable water, no or restricted access to potable water, mouldy or dirty cell, inadequate temperature, lack of toiletries, no or restricted access to warm water, lack of or inadequate hygienic facilities, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of windows overcrowding (save for the period between 30/04/2014 - 07/04/2015), infestation of cell with insects/rodents, mouldy or dirty cell, lack or inadequate furniture, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air	3,000
	78465/14 15/12/2014	Maria Domnu 12/10/1960	Craiova Penitentiary 28/05/2014 pending More than 3 year(s) and 6 month(s) and 23 day(s)	0.8-2.7 m²	overcrowding, bunk beds, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of fresh air, mouldy or dirty cell	3,000
	512/15 29/01/2015	Raj Pantelimon 28/11/1967	Focșani Penitentiary, Galați Penitentiary 20/12/2012 pending More than 5 year(s) and 15 day(s)	1.5-2.4 m²	overcrowding (save for the period between 09/03/2013 - 25/04/2013), lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of toiletries, mouldy or dirty cell, no or restricted access to warm water, lack or inadequate furniture, no or restricted access to running water, bunk beds, poor quality of potable water	5,000
	6540/15 18/02/2015	Gheorghe Strat 09/08/1973	Iași Penitentiary, Arad Penitentiary, Tulcea Penitentiary and Vaslui Penitentiary 21/12/2004 pending More than 13 year(s) and 21 day(s)	1.1-2.8 m²	overcrowding (save for the periods between 03/11/2009 - 30/11/2009, 27/09/2012 - 04/10/2012, 25/10/2012 - 01/11/2012 and for Arad Penitentiary), mouldy or dirty cell, infestation of cell with insects/rodents, bunk beds, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of fresh air, lack of or inadequate hygienic facilities, lack or inadequate furniture	5,000
	11196/15 17/03/2015	Dănuț-Sergiu Dumitrache 23/08/1988	Iași Penitentiary 31/07/2014 to 19/05/2015 9 month(s) and 20 day(s)	1.2 m²	overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, mouldy or dirty cell, poor quality of food, lack of or inadequate hygienic facilities, no or restricted access to shower	1,000
	12376/15 08/04/2015	Marian-Ion Starciuc 05/09/1993	Iași Penitentiary 23/09/2014 to 05/09/2015 11 month(s) and 14 day(s)	1.2 m²	overcrowding, bunk beds, lack of or insufficient natural light, lack of fresh air, lack or inadequate furniture, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, no or restricted access to warm water, inadequate temperature	1,000
	12677/15 27/04/2015	Marius-Ering Cristea 12/02/1987	Miercurea Ciuc Penitentiary 31/07/2014 to 22/04/2016 1 year(s) and 8 month(s) and 23 day(s)	1.5-2 m²	overcrowding, bunk beds, lack of or insufficient natural light, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to shower, lack of fresh air, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air	3,000
	13344/15 04/04/2015	Ionuț Grigoraș 10/03/1990	Iași Penitentiary 20/12/2014 pending More than 3 year(s) and 15 day(s)	1.2-1.9 m²	overcrowding, lack or inadequate furniture, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to shower, poor quality of food	3,000
	24689/15 04/06/2015	Gheorghiță Timofte 04/11/1978	Iași Penitentiary 16/09/2014 to 17/03/2015 6 month(s) and 2 day(s)	1.2-1.5 m²	overcrowding, lack of or inadequate hygienic facilities, lack or inadequate furniture	1,000
	39475/15 04/09/2015	Stelian-Marius Moraru 15/08/1992	Slobozia Penitentiary 03/04/2015 to 02/06/2015 2 month(s)	2-2.2 m²	overcrowding, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack or inadequate furniture	1,000
	40837/15 02/09/2015	Ciprian-Florin Kalo (former Varga) 01/02/1987	Miercurea Ciuc Penitentiary 02/06/2014 pending More than 3 year(s) and 7 month(s) and 8 day(s)	1.4-1.8 m²	overcrowding, lack of or insufficient natural light, lack of fresh air, poor quality of food, no or restricted access to warm water, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, lack of tap water and toilet in the courtyard	3,000
	40860/15 01/09/2015	Jozsef-Gheorghe Mezei 19/03/1986	Maramureș County Police Inspectorate 23/03/2013 to 18/04/2013 27 day(s) Gherla Penitentiary 18/04/2013 to 17/09/2013 5 month(s) Bistrița Penitentiary 17/09/2013 to 24/09/2013 8 day(s) Baia Mare Penitentiary 24/09/2013 to 08/11/2013 1 month(s) and 16 day(s) Satu Mare Penitentiary 08/11/2013 pending More than 4 year(s) and 1 month(s) and 7 day(s)	1.6-2.9 m² 1.2-1.4 m² 1.2 m² 1.3-1.8 m²	lack of or insufficient natural light, 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, mouldy or dirty cell overcrowding (save the period between 02/08/2013 - 17/09/2013), poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of toiletries, lack of fresh air, lack of or insufficient natural light, bunk beds, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air overcrowding, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of toiletries, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient natural light, bunk beds, no or restricted access to warm water overcrowding, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of toiletries, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, bunk beds, lack or inadequate furniture, lack of privacy for toilet overcrowding, poor quality of food, lack of privacy for toilet, lack of toiletries, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, bunk beds, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air	3,000
	42432/15 22/09/2015	Maricel Hasan 02/10/1961	Rahova Penitentiary 24/05/2014 to 27/06/2014 1 month(s) and 4 day(s) Iași Penitentiary 27/06/2014 to 17/02/2015 7 month(s) and 22 day(s) Vaslui Penitentiary 17/02/2015 pending More than 2 year(s) and 10 month(s) and 2 day(s)	1.9-2 m² 1.2-2.1 m² 1.9-2.3 m²	overcrowding, infestation of cell with insects/rodents, poor quality of food overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, lack or inadequate furniture overcrowding, lack of fresh air, lack of toilets in the courtyards	3,000
	48110/15 22/09/2015	Florin Cergan 23/01/1979	Mărgineni Penitentiary 23/04/2015 pending More than 2 year(s) and 7 month(s) and 26 day(s)	1.3-1.4 m²	overcrowding (for the period between 23/04/2015 - 29/12/2015), infestation of cell with insects/rodents, lack of fresh air, lack of privacy for toilet	3,000

[1] Plus any tax that may be chargeable to the applicants.

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You are here: BAILII >> Databases >> European Court of Human Rights >> CHIRIAC AND OTHERS v. ROMANIA - 59097/13 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2018] ECHR 216 (08 March 2018) URL: http://www.bailii.org/eu/cases/ECHR/2018/216.html Cite as: [2018] ECHR 216, CE:ECHR:2018:0308JUD005909713, ECLI:CE:ECHR:2018:0308JUD005909713