FOURTH SECTION

CASE OF MATEI AND OTHERS v. ROMANIA

(Applications nos. 32435/13, 34092/14, 46833/14, 48459/14, 49302/14, 51491/14, 52446/14, 53438/14, 54354/14, 54542/14, 54682/14, 55491/14, 56258/14, 58288/14, 59242/14, 60919/14, 61680/14 and 62661/14)

JUDGMENT

STRASBOURG

7 April 2016

This judgment is final but it may be subject to editorial revision.

In the case of Matei and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
	Vincent A. De Gaetano, President,
	Egidijus Kūris,
	Gabriele Kucsko-Stadlmayer, judges,
and Hasan Bakırcı Acting Deputy Section Registrar,
Having deliberated in private on 17 March 2016,
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 applications were communicated 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 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, Kudła v. Poland [GC], no. 30210/96, §§ 90‑94, ECHR 2000‑XI, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 139‑165, 10 January 2012). 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, amongst many authorities, Karalevičius v. Lithuania, no. 53254/99, § 39, 7 April 2005, and Ananyev and Others, cited above, §§ 145‑147 and 149).
8.  In the leading case of Iacov Stanciu v. Romania, no. 35972/05, 24 July 2012, 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 complaints. 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 complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
11.  The applicants also complained of other aspects concerning material conditions of detention. In the light of its findings above, the Court does not consider it necessary to examine these remaining aspects (see Epistatu v. Romania, no. 29343/10, § 55, 24 September 2013, Bahnă v. Romania, no. 75985/12, § 53, 13 November 2014; Toma Barbu v. Romania, no. 19730/10, § 71, 30 July 2013; Remus Tudor v. Romania, no. 19779/11, § 38, 15/04/2014).
III.  REMAINING COMPLAINTS
12.  Some applicants raised other complaints under Article 3 of the Convention.
13.  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 do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or the Protocols thereto.
It follows that this part of the applications is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
IV.  APPLICATION OF ARTICLE 41 OF THE CONVENTION
14.  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.”
15.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Butiuc and Dumitrof v. Romania, no. 19320/07, 15 July 2014), the Court considers it reasonable to award the sums indicated in the appended table.
16.  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 admissible, and the remainder of the applications inadmissible;

3.  Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention;

4.  Holds that there is no need to examine the remaining issues under Article 3 of the Convention raised by the applicants in respect of the material conditions of detention;

5.  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 7 April 2016, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
	Hasan Bakırcı	Vincent A. De Gaetano
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 name
Date of birth	Representative
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.		32435/13
01/04/2013	Costică MATEI
18/10/1961	
	Aiud Penitentiary
01/09/2009 to
24/04/2011
1 year(s) and 8 month(s)

Aiud Penitentiary
27/05/2011 to
08/05/2014
3 year(s)

Aiud Penitentiary
11/07/2014 to
01/07/2015
1 year(s)

Currently detained in Gherla Penitentiary
	1.19 - 2.5 m²

2.42 - 3.42 m²

2.6 - 3.06 m²

	overcrowding

overcrowding

overcrowding
	11,400	
2.		34092/14
08/09/2014	George Ionuț NICOLAE
21/12/1985	Kovacs Andreea
Bucharest	Bucharest General Police Detention Centre, Bucharest 5th Police Station and Rahova Penitentiary
09/06/2012
pending
3 year(s) and 9 month(s)	1.81 - 2.41 m²

3.85 m²

2.4 m²

	Bucharest General Police Detention Centre – overcrowding, poor conditions of hygiene

Bucharest 5th Police Section – overcrowding, poor conditions of hygiene

Rahova Penitentiary - overcrowding, insufficient access to warm water
	8,000	
3.		46833/14
11/08/2014	Marian ROTARU
21/08/1958	
	Dolj Police Inspectorate, Craiova Penitentiary, Pelendava Penitentiary, Târgu Jiu Penitentiary and Drobeta Turnu Severin Penitentiary
27/03/2014
pending
1 year(s) and 11 month(s)	n/a

1.29 - 1.52 m²

2.18 - 3.37 m²

1.24 - 1.79 m²

1.43 - 2.16 m²

	Dolj Police Inspectorate – poor conditions of hygiene, lack of a toilet in the cell

Craiova Penitentiary - overcrowding

Pelendava Penitentiary – overcrowding, insufficient sanitary facilities, insufficient access to warm water

Târgu Jiu Penitentiary – overcrowding, insufficient sanitary facilities, lack of an adequate place to serve meals

Drobeta Turnu Severin Penitentiary – overcrowding, insufficient access to warm water	4,700	
4.		48459/14
30/07/2014	Alberto Marian STOIAN
01/05/1988	Peter Irina Maria
Bucharest	Bucharest Police Detention Centre No. 1, Rahova Penitentiary and Jilava Penitentiary
21/01/2013
pending
3 year(s) and 1 month(s)	2.07 - 2.89 m²

2.4 m²

1.05 - 2.87 m²
	Bucharest Police Detention Centre No. 1 - overcrowding

Rahova Penitentiary - overcrowding

Jilava Penitentiary – overcrowding
	6,800	
5.		49302/14
12/09/2014	Ilie JILCU
24/07/1958	
	Târgu Jiu Penitentiary
09/01/2013 to
29/08/2014
1 year(s) and 8 month(s)
	1.32 - 1.63 m²

	overcrowding, lack of an adequate place to serve meals, insufficient sanitary facilities
	4,200	
6.		51491/14
31/07/2014	Simona GROSU
11/10/1982	
	Târgșor Penitentiary
06/02/2014
pending
2 year(s) and 1 month(s)
	1.44 - 2.78 m²	overcrowding, limited access to warm water and passive smoking for certain periods of detention
	5,000	
7.		52446/14
12/09/2014	Marcel Valeriu BOBU
27/03/1971	
	Târgu Jiu Penitentiary
14/11/2013
pending
2 year(s) and 4 month(s)	1.04 - 2.88 m²

	overcrowding, lack of an adequate place to serve meals, insufficient sanitary facilities for certain periods of detention	5,400	
8.		53438/14
18/08/2014	Arpad CSUKUR
13/07/1982	
	Maramureș Police Inspectorate, Gherla Penitentiary and Baia Mare Penitentiary
04/01/2013
pending
3 year(s) and 2 month(s)	3.81 m²

2.38 - 3.33 m²

1.65 - 2.71 m²
	Maramureș Police Inspectorate – overcrowding, lack of adequate lighting and ventilation

Gherla Penitentiary – overcrowding

Baia Mare Penitentiary - overcrowding	6,900	
9.		54354/14
12/09/2014	Costin Bogdan HUIDAN
05/03/1985	
	Timișoara Penitentiary
30/01/2014 to
13/10/2015
1 year(s) and 9 month(s)	2.38 - 3.5 m²

	overcrowding, worn-out bunk beds, worn-out mattresses, cells infested with insects
	4,400	
10.		54542/14
13/08/2014	Dorin DRAGOTOIU
17/10/1972	
	Târgu Jiu Penitentiary
18/03/2014
pending
2 year(s)
	1.37 - 1.93 m²

	overcrowding, insufficient natural lighting and ventilation, lack of an adequate place to serve meals, insufficient sanitary facilities, insufficient access to warm water
	4,800	
11.		54682/14
01/10/2014	Vasile BOZA
23/02/1974	
	Brăila Penitentiary
31/05/2013
pending
2 year(s) and 9 month(s)
	1.23 - 3.55 m²

	overcrowding, lack of adequate light and ventilation, insufficient sanitary facilities and access to showers

Brăila District Court’s arrest premises on 25/08/2014 - overcrowding (0.25 m² of individual space)
	6,200	
12.		55491/14
25/08/2014	Mirel Vasile TITILINCU
17/11/1987	
	Penitentiaries of Colibași and Târgu Jiu
29/04/2014
pending
1 year(s) and 10 month(s)
	1.41 - 1.85 m²

1.48 - 2.74 m²

	Colibaşi Penitentiary – overcrowding

Târgu Jiu Penitentiary – overcrowding until 19/01/2015 and lack of adequate light
	4,500	
13.		56258/14
26/08/2014	Traian Ioan RUS
14/05/1983	
	Bistrița Penitentiary
24/06/2014
pending
1 year(s) and 8 month(s)
	1.30 - 2.48 m²

	overcrowding, poor conditions of hygiene
	4,200	
14.		58288/14
17/09/2014	Mircea Răzvan SPIRIDON
16/08/1979	
	Bistrița Penitentiary
14/02/2014 to
10/02/2015
1 year(s)

Bistrița Penitentiary
24/04/2015 to
29/04/2015
0 year(s) and 1 month(s)
	1.21 - 2.48 m²

2.17 - 2.48 m²

	overcrowding, insufficient sanitary facilities, poor conditions of hygiene

overcrowding, poor conditions of hygiene
	3,200	
15.		59242/14
02/10/2014	Florinel-Victoraș BREBAN
18/10/1986	Breban Gyongyi-Edina
Ulciug, Sălaj County	Sălaj Police Inspectorate and Satu Mare Penitentiary
23/01/2014
pending
2 year(s) and 1 month(s)
	n/a

1.3 - 1.93 m²

	Sălaj Police Inspectorate - lack of adequate separation between the cell and the toilet

Satu Mare Penitentiary – overcrowding, lack of an adequate place to serve meals, poor quality of food, small courtyard, poor conditions of hygiene
	5,000	
16.		60919/14
02/10/2014	Ninel Constantin BÎRZĂNEANU
14/08/1980	
	Craiova Penitentiary
16/04/2014 to
12/11/2014
0 year(s) and 7 month(s)
	1.29 - 1.95 m²

	overcrowding, poor quality of food
	3,000	
17.		61680/14
22/10/2014	Gigel GHEORGHE
09/11/1991	
	Galați Penitentiary
07/08/2014
pending
1 year(s) and 7 month(s)
	1.6 - 2 m²

	overcrowding, insufficient access to warm water
	4,100	
18.		62661/14
12/09/2014	Valentin BOBU
22/10/1991	
	Târgu Jiu Penitentiary
14/11/2013
pending
2 year(s) and 4 month(s)
	1.04 - 2.65 m²

	overcrowding, insufficient number of beds for certain periods of detention, insufficient sanitary facilities, lack of an adequate place to serve meals
	5,400