38588/16;38973/16;39084/16;59424/16;60627/16;15169/17;26778/17;44822/17;49616/17;31420/20;35164/20;47881/20;55895/20;12561/21

FOURTH SECTION CASE OF CĂPĂTOIU AND OTHERS v. ROMANIA (Applications nos. 38588/16 and 13 others – see appended list)             JUDGMENT   STRASBOURG 8 January 2026     This judgment is final but it may be subject to editorial revision. In the case of Căpătoiu and Others v. Romania, The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:  Anne Louise Bormann, President,  Sebastian Răduleţu,  András Jakab, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 4 December 2025, 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 Romanian Government (“the Government”) were given notice of the applications. 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 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. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION 6.  The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention. 7.  As regards the admissibility of applications nos. 60627/16, 44822/17, 31420/20, 55895/20, and 12561/21, the Government raised a preliminary objection concerning loss of victim status for certain periods of detention specified in the appended table because adequate redress based on Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences was afforded for those specific periods of detention. 8.  The Court notes that the domestic remedy introduced in respect of the inadequate conditions of detention in Romania and applicable until December 2019 was held to be an effective one in the case of Dîrjan and Ştefan v. Romania (dec.), nos. 14224/15 and 50977/15, §§ 23-33, 15 April 2020. The Court therefore finds that the relevant parts of applications nos. 60627/16, 44822/17, 31420/20, 55895/20, and 12561/21 (details described in the appended table) are incompatible ratione personae with the provisions of the Convention because the applicants were, indeed, afforded adequate redress for certain periods of their detention, specified in the appended table. Those parts of applications nos. 60627/16, 44822/17, 31420/20, 55895/20, and 12561/21 must be declared inadmissible in accordance with Article 35 §§ 3(a) and 4 of the Convention. 9.  The Government further argued that the applicants had failed to exhaust the available effective remedies for the complaints about the inadequate conditions of their detention, as an action in tort was an effective remedy for grievances similar to those of the applicants, allowing them to have the violation of the Convention acknowledged, either explicitly or in substance, and to receive adequate and sufficient compensation at the domestic level, and invited the Court to declare these applications inadmissible. 10.  The Court recalls that in Polgar v. Romania, no. 39412/19, §§ 94-96, 20 July 2021, it held that an action in tort, based on Articles 1349 and 1357 of the Romanian Civil Code, as interpreted consistently by the national courts, had represented since 13 January 2021 an effective remedy for individuals who considered that they had been subjected to inadequate conditions of detention and who were no longer held in conditions that were allegedly contrary to the Convention (see also Vlad v. Romania (dec.), no. 122/17, §§ 30-33, 15 November 2022). 11.  However, the applicants in the present applications ceased to be held in conditions that were allegedly contrary to the Convention before 13 January 2021. Therefore, the Court dismisses the Government’s objection as to the non-exhaustion of domestic remedies and finds that the applicants did not have at their disposal (for the periods specified in the appended table) an effective domestic remedy for their grievances considering their situations. 12.  Turning to the remaining periods of the applicants’ detention, the details of which are indicated in the appended table, the Court notes that the applicants were kept in detention in poor conditions. 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, §§ 122-41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑59, 10 January 2012). 13.  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. 14.  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 during the periods described in the appended table were inadequate. 15.  These complaints are therefore admissible and disclose a breach of Article 3 of the Convention. REMAINING COMPLAINTS 16.   In applications nos. 38588/16, 59424/16, 60627/16, and 26778/17, the applicants also raised other complaints under Article 3 of the Convention concerning the conditions of their detention served during other periods. 17.  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. APPLICATION OF ARTICLE 41 OF THE CONVENTION 18.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Rezmiveș and Others, cited above), the Court considers it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Declares the complaints concerning the inadequate conditions of detention, for the periods specified in the appended table, admissible, and the remainder of the applications inadmissible; Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention, for the periods specified in the appended table; 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 January 2026, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Anne Louise Bormann  Acting Deputy Registrar President     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 Year of birth   Representative’s name and location Facility Start and end date Duration Sq. m per inmate Specific grievances Domestic compensation awarded (in days) based on total period calculated by national authorities Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant (in euros)[1]     38588/16 05/08/2016 Virgil-Constantin CĂPĂTOIU   Cadar Andreea-Gabriela Galați Slobozia, Poarta Albă and Jilava Prisons 19/07/2011 to 14/03/2016 4 year(s) and 7 month(s) and 25 day(s)   Poarta Albă Prison 26/03/2016 to 05/04/2016 11 day(s)   Poarta Albă and Brăila Prisons 27/04/2016 to 08/08/2017 1 year(s) and 3 month(s) and 13 day(s) 1.22 - 2.94 m²         overcrowding (save for 12/03/2015-06/04/2015; 27/04/2015-10/12/2015; 14/07/2017-20/07/2017), lack of or inadequate hygienic facilities, no or restricted access to potable water, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to shower     5,000     38973/16 28/06/2016 Marius-Gabriel GEORGESCU       Olt County Police Station; Craiova, Drobeta-Turnu Severin and Pelendava Prisons 03/07/2014 to 09/08/2016 2 year(s) and 1 month(s) and 7 day(s) 1.13 - 2.52 m² overcrowding (save for 14/04/2015-21/04/2015; 10/06/2015-09/08/2016), lack of privacy for toilet, lack of fresh air, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air     3,000     39084/16 19/08/2016 Nicolae ION       Bucharest General Police Inspectorate, Bucharest Police Station no. 13, Bucharest Police Station no. 5, Rahova, Jilava, Giurgiu, Mărgineni, Ploiești and Găești Prisons 21/07/2010 to 14/09/2016 6 year(s) and 1 month(s) and 25 day(s) 1.12 - 2.92 m² overcrowding (save for 24/04/2013-29/04/2013), bunk beds, infestation of cell with insects/rodents, no or restricted access to warm water, lack or inadequate furniture, lack of or insufficient natural light, lack of toiletries, poor quality of food   5,000     59424/16 14/11/2016 Laurențiu ALEXE       Poarta Albă and Găești Prisons 04/12/2015 to 28/12/2016 1 year(s) and 25 day(s) 1.61 - 1.68 m² overcrowding, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to potable water, poor quality of food   3,000     60627/16 08/11/2016 Leontin-Nicolae CACUCI       Mărgineni Prison 17/04/2015 to 30/05/2016 1 year(s) and 1 month(s) and 14 day(s)   Mărgineni Prison 02/07/2016 to 17/08/2016 1 month(s) and 16 day(s)   Mărgineni Prison 30/08/2016 to 30/01/2017 5 month(s) and 1 day(s)   Mărgineni Prison 22/02/2017 to 25/05/2017 3 month(s) and 4 day(s)   Mărgineni Prison 07/06/2017 to 19/10/2017 4 month(s) and 13 day(s) -   overcrowding, bunk beds, insufficient number of sleeping places, lack of or insufficient natural light, lack of fresh air, poor quality of food, no or restricted access to shower   60 days in compensation for a total period of 304 days spent in detention in inadequate conditions between 20/10/2017 – 26/08/2018 3,000     15169/17 17/02/2017 Dumitru ȘTEFAN   Cândea Claudia Nadina Daciana Timișoara Bucharest Police Station no. 4; Bucharest Police Station no. 12; Arad, Slobozia, Jilava, Satu Mare, Aiud, Poarta Albă, Rahova, Mioveni and Bistrița Prisons; Rahova, Mioveni, Dej and Jilava Prison Hospitals 22/03/2012 to 21/02/2017 4 year(s) and 11 month(s) 1.3 - 2.9 m² overcrowding (save for 18/04/2012-23/05/2012; 05/02/2013-28/02/2013; 29/04/2013-13/05/2013; 13/05/2013-21/05/2013; 09/12/2013-19/12/2013; 16/01/2014-10/03/2014; 09/04/2014-11/04/2014; 22/04/2014-23/05/2014; 16/06/2014-26/06/2014; 16/01/2015-26/01/2015; 30/06/2015-07/07/2015; 20/07/2015-27/07/2015; 01/09/2015-10/09/2015; 22/12/2016-05/01/2017), lack or inadequate furniture, poor quality of food, lack of toiletries, lack of or insufficient physical exercise in fresh air, no or restricted access to toilet     3,000     26778/17 27/03/2017 Robert-Gábor REZMUVES       Oradea and Satu Mare Prisons 24/07/2013 to 07/11/2016 3 year(s) and 3 month(s) and 15 day(s) 1.36 - 2.89 m² overcrowding, poor quality of potable water, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, bunk beds, no or restricted access to shower, passive smoking     3,000     44822/17 14/06/2017 Mirel-Adrian CĂLIN   Cadar Andreea-Gabriela Galați Rahova, Slobozia, Giurgiu and Poarta Albă Prisons; Jilava Prison Hospital 17/03/2009 to 23/07/2012 3 year(s) and 4 month(s) and 7 day(s) 1.95 - 2.90 m² overcrowding (save for 13/08/2010-20/08/2010; 22/03/2010-29/03/2010; 03/09/2010-09/09/2010; 30/09/2010-04/10/2010; 01/11/2010-04/11/2010; 03/01/2011-27/01/2011; 29/08/2011-15/09/2011; 29/09/2011-27/10/2011), bunk beds, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents   366 days in compensation for a total period of 1,859 days spent in detention in inadequate conditions between 24/07/2012 – 19/10/2017 3,000     49616/17 28/09/2017 Alin-Andrei IONESCU       Mioveni and Deva Prisons; Mioveni and Dej Prison Hospitals 15/06/2016 to 04/07/2017 1 year(s) and 20 day(s) 1.67 - 2.85 m² overcrowding (save for 13/10/2016-10/11/2016; 20/12/2016-27/12/2016; 02/03/2017-18/04/2017), lack of or inadequate hygienic facilities, lack or inadequate furniture, infestation of cell with insects/rodents, no or restricted access to shower, poor quality of food     3,000   31420/20 13/07/2020 Narcis-Daniel MAFTEIAC   Ilaşcu Adina-Loredana Iași Găești Prison 24/12/2019 to 14/01/2020 22 day(s) - infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to warm water, lack of fresh air, inadequate temperature, poor quality of food 222 days in compensation for a total period of 1,112 days spent in detention in inadequate conditions between 08/11/2016 – 23/12/2019 1,000   35164/20 03/08/2020 Cătălin CEAUŞ   Ceauş Stela Ploiești Găeşti Prison 24/12/2019 to 15/07/2020 6 month(s) and 22 day(s) 2,91 m² overcrowding, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, inadequate temperature         1,000   47881/20 26/11/2020 Marius COVACIU       Bistrița and Gherla Prisons 23/01/2020 to 28/08/2020 7 month(s) and 6 day(s)   Bistrița and Gherla Prisons 22/09/2020 to 22/12/2020 3 month(s) and 1 day(s) 2,17 - 2,94 m²     overcrowding, lack or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air     1,000   55895/20 11/12/2020 Sándor-Csaba VARGA       Gherla and Bistrița Prisons 24/12/2019 to 06/05/2020 4 month(s) and 13 day(s)   Cluj and Târgu Mureș County Police Stations 03/06/2020 to 14/09/2020 3 month(s) and 12 day(s)       overcrowding (save for the period between 24/12/2019-06/04/2020), no or restricted access to shower, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient natural light     12 days in compensation for a total period of 1,276 days spent in detention in inadequate conditions between 14/10/2019 – 23/12/2019 1,000   12561/21 22/02/2021 Daniel LUCA       Arad Prison 11/10/2018 to 18/07/2019 9 month(s) and 8 day(s)   Timișoara, Arad Prisons; Jilava Prison Hospital 24/12/2019 to 24/11/2020 11 month(s) and 1 day(s)       passive smoking, infestation of cell with insects/rodents, poor quality of food, lack of or inadequate hygienic facilities, no or restricted access to toilet     30 days in compensation for a total period of 179 days spent in detention in inadequate conditions between 20/09/2018 – 23/12/2019 (save for the period between 11/10/2018 – 18/07/2019) 3,000   [1] Plus any tax that may be chargeable to the applicants.