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European Court of Human Rights |
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You are here: BAILII >> Databases >> European Court of Human Rights >> PADUREANU AND OTHERS v. ROMANIA - 25404/15 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2019] ECHR 348 (16 May 2019) URL: http://www.bailii.org/eu/cases/ECHR/2019/348.html Cite as: [2019] ECHR 348 |
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FOURTH SECTION
CASE OF PĂDUREANU AND OTHERS v. ROMANIA
( Application s no s . 25404/15and 9 others - see appended list )
JUDGMENT
STRASBOURG
16 May 2019
This judgment is final but it may be subject to editorial revision.
In the case of Pădureanu 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 .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 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. 53366/15, 13180/16, 15784/16and 17807/16, 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 the time. 8. The Court observes that in application no. 53366/15the applicant ' s complaint regarding his initial detention in Br ăila Prison, which ceased on 12 December 2008 by his transfer to other detention facilities in respect of which he did not raise any complaint, was lodged with the Court on 25 February 2016, that is, more than six months after the transfer. 9. The Court further observes that in application no. 13180/16the applicant ' s complaint regarding his initial detention in Craiova Prison, which ceased on 2 July 2014 by his transfer to other detention facilities in respect of which he did not raise any complaint, was lodged with the Court on 4 April 2016, that is, more than six months after the transfer. 10. The Court notes that in application no. 15784/16the applicant ' s complaint regarding his initial detention in Craiova Prison, which ceased on 26 January 2005 by his transfer to other detention facilities in respect of which he did not raise any complaint, was lodged with the Court on 6 April 2016, that is, more than six months after the transfer. 11. The Court further notes that in application no. 17807/16the applicant ' s complaint regarding his initial detention in Craiova Prison, which ceased on 3 July 2014 by his transfer to another detention facility in respect of which he did not raise any complaint, was lodged with the Court on 27 April 2016, that is, more than six months after the transfer. 12. Therefore, the Court accepts the Government ' s objections and finds that these parts of the applications nos. 53366/15, 13180/16, 15784/16and 17807/16were lodged out of the six-month time-limit and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention. 13. 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). 14. 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. 15. 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 applicant s ' conditions of detention were inadequate. 16. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.III. 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 applications nos. 53366/15, 13180/16, 15784/16and 17807/16inadmissible;
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 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 16 May 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 |
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] | |
|
|
12/06/2015 |
Dorin Pădureanu 07/02/1991 |
Cristina Elena Vlăsceanu Pogoanele |
Ploiești and Focșani Prisons 29/01/2013 to 07/09/2015 2 years and 7 months and 10 days |
0.9-1.9 m² |
overcrowding (save for in Ploiești Prison), lack of or inadequate furniture, mouldy or dirty cell, infestation of cell with insects/rodents |
3,000 |
|
|
25/02/2016 |
Dorinel Mocanu 23/10/1972 |
|
Brăila Prison 05/06/2015 to 13/06/2017 2 years and 9 days |
2-2.5 m² |
overcrowding (save for the periods of 05-17/06/2015, 14/07-03/08/2015, 04-05/08/2015, 06/08-17/11/2015), lack of fresh air, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents |
3,000 |
|
|
11/03/2016 |
Valer -Marius Pál 02/06/1969 |
|
Miercurea Ciuc Prison 16/11/2015 to 17/01/2017 1 years and 2 months and 2 days |
2 m² |
overcrowding (save for the periods of 11-17/12/2015, 22/12/2015-21/01/2016, 26/01/2016-17/01/2017), lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack of or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell |
3,000 |
|
|
21/03/2016 |
Ștefan -Adrian Bulgariu 31/12/1985 |
Irina Maria Peter Bucharest |
Târgoviște Police Inspectorate, Mărgineni , Ploiești and Găești Prisons 06/01/2004 to 07/10/2015 11 years and 9 months and 2 days |
1.2 m² |
overcrowding (save for the period of 06/11/2013-07/10/2015), no or restricted access to toilet, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to shower, poor quality of food, inadequate temperature, lack of or insufficient physical exercise in fresh air |
5,000 |
|
|
04/04/2016 |
Marius - Marian Ghiţă 30/10/1979 |
|
Craiova Prison 29/02/2016 to 21/11/2016 8 months and 24 days
|
0.9-1.8 m² |
overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, no or insufficient disinfection of barbering and haircutting tools, infestation of cell with insects/rodents, poor quality of food |
1,000 |
|
|
04/04/2016 |
Gheorghe Faur 10/02/1987 |
|
Jilava Prison Hospital, Aiud , Arad, Miercurea Ciuc , Mărgineni and Codlea Prisons 12/07/2013 to 10/06/2016 2 years and 10 months and 30 days
Codlea Prison 04/04/2018 pending 11 months and 15 days
|
1.5-2.6 m²
1.6-2.4 m² |
overcrowding (save for the periods of 12-18/07/2013, 26/11-09/12/2013, 17/01-06/02/2014, 14-27/03/2014, 09-15/05/2014, 01-10/07/2014, 29/08-04/09/2014, 22/12/2014-12/03/2015, 31/03-14/04/2015, 27/04-21/05/2015, 10/08/2015, 23/12/2015, 15-21/04/2016,), inadequate temperature, lack of or inadequate furniture, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, poor quality of food, mouldy or dirty cell, small courtyard
overcrowding, inadequate temperature, lack of or inadequate furniture, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, poor quality of food, mouldy or dirty cell |
3,000 |
|
|
23/02/2016 |
Marius Bogdan Nejloveanu 11/08/1987 |
|
Giurgiu Prison 16/12/2013 to 16/05/2016 2 years and 5 months and 1 day
Giurgiu Prison 14/09/2018 pending 6 months and 5 days
|
1.5 m²
1.5 m²
|
overcrowding, no or restricted access to running water, lack of or insufficient natural light, lack of fresh air
overcrowding, no or restricted access to running water, lack of or insufficient natural light, lack of fresh air |
3,000 |
|
|
06/04/2016 |
Marian Neagoe 24/10/1978 |
|
Craiova Prison 08/06/2006 pending More than 12 years and 9 months and 11 days |
1.1-2.9 m² |
overcrowding, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or inadequate furniture |
5,000 |
|
|
27/04/2016 |
Marian Păun 13/02/1982 |
|
Craiova Prison 15/01/2015 to 04/08/2016 1 year and 6 months and 21 days |
0.9-2 m² |
overcrowding, lack of or inadequate hygienic facilities, lack of or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air |
3,000 |
|
|
28/04/2016 |
Ion Uțoiu 04/02/1963 |
|
Craiova Prison 30/08/2010 to 20/07/2016 5 years and 10 months and 21 days |
1.2-2.1 m² |
overcrowding (save for the periods of 24/01-19/05/2011, 22-29/12/2011, 22/11-05/12/2012, 17-28/12/2015, 12-20/07/2016), lack of or inadequate furniture, infestation of cell with insects/rodents, lack of fresh air, small courtyard |
5,000 |
[1] . Plus any tax that may be chargeable to the applicants.
