CASE OF SPOIALĂ AND OTHERS v. ROMANIA

 
 
 
FOURTH SECTION
 
 
 
 
 
 
CASE OF SPOIALĂ AND OTHERS v. ROMANIA
 
(Application no. 10549/16 and 10 other applications -
see appended list)
 
 
 
 
 
 
 
 
 
 
 
 
 
JUDGMENT
 
 
 
 
STRASBOURG
 
27 June 2019
 
 
 
This judgment is final but it may be subject to editorial revision.

In the case of Spoială and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having deliberated in private on 6 June 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”).
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 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.
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 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.
10.  These applications are therefore admissible and disclose a breach of Article 3 of the Convention.
III.  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), 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 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 27 June 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtStéphanie Mourou-Vikström
              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
 
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]   
10549/16
20/05/2016
Nicolae-Dan Spoială
29/09/1975
 
 
Iaşi Prison
12/05/2015 to
31/05/2016
1 year and 20 days
2.18 m²
overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or inadequate furniture
3,000   
15803/16
29/04/2016
Răzvan-Cristian Mureşan
25/06/1981
 
 
Cluj Police and Gherla Prison
09/12/2013
pending
More than 5 years, 4 months and 4 days
2.4-2.96 m²
overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, no or restricted access to running water, lack of or inadequate furniture, no or restricted access to warm water, poor quality of food
5,000   
20685/16
03/05/2016
Vasile Tomoiaga
16/12/1977
 
 
Rahova and Gherla Prisons
18/07/2014
pending
More than 4 years, 8 months and 24 days
2.21-2.74 m²
overcrowding, lack of or inadequate furniture, insufficient number of sleeping places, mouldy or dirty cell
3,000   
26091/16
07/06/2016
Gheorghe Topuzu
30/01/1957
 
 
Craiova Prison
19/11/2014
pending
More than 4 years, 4 months and 23 days
 
1.26-1.88 m²
overcrowding, lack of fresh air, lack of or inadequate furniture, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents
3,000   
27437/16
06/06/2016
Mircea Ionașcu
19/08/1972
 
 
Dolj Police, Craiova and Jilava Prisons
17/11/2004
pending
More than 14 years, 4 months and 26 days
1.25-2.6 m²
overcrowding, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, poor quality of food, bunk beds, lack of fresh air, lack of or inadequate furniture, infestation of cell with insects/rodents, no or restricted access to running water, mouldy or dirty cell
5,000   
28484/16
11/07/2016
Gheorghe Constantin
24/07/1980
 
 
Codlea and Miercurea Ciuc Prisons
24/06/2014
pending
More than 4 years, 9 months and 18 days
1.37-1.93 m²
overcrowding, bunk beds, poor quality of food, lack of or inadequate furniture, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air
3,000   
33177/16
31/05/2016
Ioan-Iosif Medve
13/10/1983
Rareș Vasile Biro
Satu Mare
Arad Police and Arad Prison
19/06/2013 to
26/08/2016
3 years, 2 months and 8 days
4.35-5.8 m2
no or restricted access to shower, poor quality of food, lack of fresh air, no or restricted access to warm water, no or restricted access to running water
3,000   
37648/16
02/08/2016
Gheorghe Gheorghe
30/03/1952
Irina Maria Peter
Bucharest
Bucharest Central Arrest, Rahova and Giurgiu Prisons
20/02/2005 to
21/07/2016
11 years, 5 months and 2 days
1.6-2.5 m²
overcrowding, insufficient sanitary facilities, lack of privacy for toilet (in Bucharest Central Arrest), lack of fresh air, poor quality of food, lack of or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, inadequate temperature, no or restricted access to potable water
5,000   
37810/16
13/07/2016
Marian-Ionuț Crăciun
09/02/1989
 
 
Craiova Prison
28/09/2015
pending
More than 3 years, 6 months and 15 days
 
 
1-1.6 m²
overcrowding, bunk beds, inadequate sanitary facilities, lack of or inadequate furniture, infestation of cell with insects/rodents, poor quality of food
3,000 
43696/16
21/07/2016
Petrişor Covrig
03/10/1980
Ionela Mărgărit Bucharest
Galaţi and Brăila Prisons
08/01/2015
pending
More than 4 years, 3 months and 4 days
1.6 - 2.4 m²
overcrowding, bunk beds, dirty and mouldy cell, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air
3,000 
44431/16
26/07/2016
Alexandru Miron
26/05/1949
Ionela Mărgărit
Bucharest
Brăila Prison
10/11/2015
pending
More than 3 years, 5 months and 2 days
1.66 -2.05 m²
overcrowding, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, lack of or inadequate furniture
3,000
 
[1].  Plus any tax that may be chargeable to the applicants.

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