7757/17;7774/17;8622/17;8788/17;10246/17;12441/17;12473/17;13209/17;23478/17;30450/17

FOURTH SECTION CASE OF BONESCU AND OTHERS v. ROMANIA (Application no. 7757/17 and 9 others – see appended list)             JUDGMENT   STRASBOURG 16 December 2021   This judgment is final but it may be subject to editorial revision. In the case of Bonescu and Others v. Romania, The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:  Armen Harutyunyan, President,  Jolien Schukking,  Ana Maria Guerra Martins, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 25 November 2021, 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, 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, §§ 122‑41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑59, 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 and the arguments raised by the parties, including the Government’s objections related to the non-exhaustion of domestic remedies, 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 (including its findings in the recent case of Polgar v. Romania, no. 39412/19, §§ 94-97, 20 July 2021), the Court considers that in the instant case the applicants’ conditions of detention, as described in the appended table below, were inadequate. 10.  These complaints are therefore admissible and disclose a breach of Article 3 of the Convention. REMAINING COMPLAINTS 11.  In applications nos. 7757/17, 7774/17 and 8622/17 the applicants also raised other complaints under Article 3 of the Convention. 12.  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 13.  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.” 14.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Rezmiveș and Others, and Polgar, both cited above), the Court considers it reasonable to award the sums indicated in the appended table. 15.  The Court further 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, 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 below; 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 16 December 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Armen Harutyunyan  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 Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]     7757/17 12/01/2017 Ion BONESCU Cezara-Maria Nichita-Costescu Timişoara Timișoara Prison 11/02/2016 to 04/04/2017 1 year(s) and 1 month(s) and 25 day(s) 2.09-2.25 m² overcrowding, insufficient number of sleeping places, constant electric light, inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack of toiletries, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, poor quality of food   3,000     7774/17 13/02/2017 Ilie-Anghel CALOMFIR Irina Maria Peter Bucharest Găești Prison 23/12/2015 to 21/12/2016 11 month(s) and 29 day(s) 2.26-2.91 m² overcrowding (except for the periods 18/02/2016-17/03/2016, 31/07/2016-03/08/2016, 11/08/2016-21/12/2016), inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, mouldy or dirty cell, poor quality of food   1,000     8622/17 15/02/2017 Viorel IORDAN Irina Maria Peter Bucharest Focșani and Jilava Prisons 29/09/2014 to 18/01/2017 2 year(s) and 3 month(s) and 21 day(s) 1.35-2.04 m² overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, bunk beds, poor quality of food, no or restricted access to potable water, lack or inadequate furniture, no or restricted access to running water 3,000     8788/17 25/01/2017 Anton Gabriel CORUȚIU Nicoleta Iuga Arad Arad Police and Arad and Timișoara Prisons 05/09/2013 to 02/08/2016 2 year(s) and 10 month(s) and 29 day(s) 2.18-2.25 m² overcrowding (except for the periods 05/09/2013-06/01/2014, 13/01/2014-20/02/2014 and 24/02/2014-25/06/2015), inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower, poor quality of food     3,000     10246/17 25/01/2017 Oliver COTFAS Claudia Nadina Daciana Cândea Timişoara Arad Police and Arad and Timișoara Prisons 16/09/2014 to 26/07/2016 1 year(s) and 10 month(s) and 11 day(s) 2-2.75 m² overcrowding (except for the period 16/09/2014-10/10/2014), inadequate temperature, insufficient number of sleeping places, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of toiletries, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to warm water, poor quality of food     3,000     12441/17 07/02/2017 Ciprian CRĂCIUN Claudia Nadina Daciana Cândea Timişoara Timișoara Prison 13/07/2016 to 21/12/2016 5 month(s) and 9 day(s) 2.25-2.75 m² overcrowding, lack of fresh air, lack of or insufficient natural light, constant electric light, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of toiletries, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, inadequate temperature, poor quality of food   1,000     12473/17 06/02/2017           Zsolt MONA Vasile Rareş Biro Satu Mare Satu Mare Prison 17/07/2015 to 29/03/2017 1 year(s) and 8 month(s) and 13 day(s) 1.3-1.81 m² overcrowding, bunk beds, constant electric light, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to warm water, poor quality of food   3,000     13209/17 08/02/2017 Riciard GAGIU Paraschiva Gagiu Suceava Suceava Police and Botoșani, Ploiești and Jilava Prisons 29/01/2014 to 23/11/2016 2 year(s) and 9 month(s) and 26 day(s) 1.69-1.9 m² overcrowding (except for the periods 29/01/2014-04/02/2014 and 06/09/2016-13/09/2016), lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, bunk beds, no or restricted access to potable water, no or restricted access to warm water 3,000     23478/17 07/04/2017 Adrian-Stelian CĂLINA     Dolj Police and Craiova and Tîrgu Jiu Prisons 13/05/2014 to 30/05/2017 3 year(s) and 18 day(s) 1.2-2.23 m² overcrowding (except for the period 13/05/2014-14/05/2014), 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, poor quality of food, mouldy or dirty cell, lack of or insufficient quantity of food, lack of or restricted access to leisure or educational activities 3,000   30450/17 14/04/2017 Gheza NEGREA Vasile Rareş Biro Satu Mare Baia Mare Prison 20/02/2015 to 20/12/2016 1 year(s) and 10 month(s) and 1 day(s) 1.34-2.31 m² overcrowding (except for the period 04/05/2016-20/12/2016), inadequate temperature, lack of fresh air, lack or inadequate furniture, infestation of cell with insects/rodents, 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, poor quality of food, mouldy or dirty cell, lack of or poor quality of bedding and bed linen 3,000     [1] Plus any tax that may be chargeable to the applicants.