CASE OF FLORIAN PETRICĂ CĂLIN AND OTHERS v. ROMANIA

 
 
 
 
FOURTH SECTION
 
 
 
CASE OF FLORIAN PETRICĂ CĂLIN AND OTHERS v. ROMANIA
(Application no. 55593/15 and 8 others -
see appended list)
 
 
 
 
 
 
JUDGMENT
 
 
 
 
STRASBOURG
 
6 June 2019
 
 
 
This judgment is final but it may be subject to editorial revision.

In the case of Florian Petrică Călin 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,
Having deliberated in private on 16 May 2019,
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.  Notice of the applications was given to the Romanian Government (“the Government”).
3.  By letters of 28 August and 31 October 2018, the applicants in applications nos. 19322/16 and 29129/16 informed the Court that their last names had changed, respectively, from Mafteiu to Pîntea and from Broboană to Pațachia. On 5 and 17 December 2018, the Court advised the parties that it will continue processing the applications under the names of Mafteiu v. Romania and Broboană v. Romania, since this corresponds to the applicants’ names as referred to in the applications 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.
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 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.  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).
9.  In the leading 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.
10.  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 applications. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ conditions of detention were inadequate.
11.  These applications are therefore admissible and disclose a breach of Article 3 of the Convention.
III.  APPLICATION OF ARTICLE 41 OF THE CONVENTION
12.  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.”
13.  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.
14.  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 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 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 6 June 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtGeorges Ravarani
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’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]   
55593/15
02/02/2016
Florian Petrică Călin
12/03/1982
Colibași Prison
06/11/2014 to 20/07/2018
3 year(s) and 8 month(s) and 15 day(s)
1.84-2.74 m²
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of or inadequate furniture, inadequate temperature, lack of fresh air, lack of or restricted access to leisure or educational activities
3,000   
56200/15
07/12/2015
Marian Gîndac
06/09/1988
Miercurea-Ciuc Prison
21/05/2015 to 24/04/2017
1 year(s) and 11 month(s) and 4 day(s)
1.57-2.10 m²
overcrowding, lack of or inadequate hygienic facilities, lack of or inadequate furniture, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air
3,000   
4059/16
18/04/2016
Vasile-Alexandru Brăteanu
11/10/1970
Oradea, Jilava, Aiud and Arad Prisons, and Dej Prison Hospital
27/02/2003 to 31/01/2019
15 year(s) and 11 month(s) and 5 day(s)
2.07-2.76 m²
overcrowding, lack of or inadequate hygienic facilities, poor quality of food, insufficient number of sleeping places, no or restricted access to shower, no or restricted access to toilet
5,000   
4275/16
22/02/2016
Dumitru Baroga
28/06/1965
 
Represented by Irina Maria Peter,
Bucharest
Bucharest 15th Police Department, Rahova, Giurgiu and Jilava Prisons
17/09/2010 to 04/01/2017
6 year(s) and 3 month(s) and 19 day(s)
1.1-2.8 m²
overcrowding, lack of privacy for toilet, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, no or restricted access to potable water, inadequate temperature
5,000   
9215/16
09/03/2016
Paul Drăghici
28/01/1985
Tulcea, Rahova and Poarta Albă Prisons
02/04/2013 to 01/02/2018
4 year(s) and 10 month(s)
1.38-2.44 m²
overcrowding, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, inadequate temperature
3,000   
17567/16
23/03/2016
Florin-Lucian Grădinaru
16/07/1986
Miercurea-Ciuc Prison
12/03/2015 to 25/07/2016
1 year(s) and 4 month(s) and 14 day(s)
1.5-2.14 m²
overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air
3,000   
17858/16
18/05/2016
Nicolae Pavel
02/01/1969
Codlea and Miercurea-Ciuc Prisons
29/04/2013 to 29/11/2016
3 year(s) and 7 month(s) and 1 day(s)
1.16-2.81 m²
overcrowding, insufficient number of sleeping places, mouldy or dirty cell, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or inadequate furniture, no or restricted access to potable water, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, inadequate temperature, no or restricted access to shower, lack of or inadequate hygienic facilities, bunk beds
3,000   
19322/16
28/04/2016
Gheorghe-Sorin Pîntea (formerly Mafteiu)
12/02/1974
Vaslui County Police, Vaslui, Rahova, Giurgiu and Iași Prisons
18/04/2008
pending
More than 10 year(s) and 11 month(s) and 10 day(s)
1.28-2.45 m²
overcrowding, lack of or inadequate hygienic facilities, no or restricted access to toilet, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air
5,000   
29129/16
28/06/2016
Mioara Pațachia (formerly Broboană)
20/02/1975
Craiova Prison
21/09/2010
pending
More than 8 year(s) and 6 month(s) and 7 day(s)
1.17-2.33 m²
overcrowding, no or restricted access to toilet, bunk beds, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, inadequate temperature
5,000
 
[1].  Plus any tax that may be chargeable to the applicants.

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