UTA AND OTHERS v. ROMANIA - 33064/15 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2018] ECHR 496 (14 June 2018)

In the case of Uță and Others v. Romania,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,

Having deliberated in private on 24 May 2018,

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 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. In applications nos. 11542/16 and 38099/16, the Government raised a preliminary objection of non-compliance with the six-month time-limit, claiming that the applicants' complaints regarding their initial detention were lodged out of time.

8. The Court observes that in application no. 11542/16 the applicant's complaint regarding his initial detention in Craiova Prison, which ceased on 3 December 2012 by his transfer to another prison facility in respect of which he did not raise any complaint, was lodged with the Court on 22 March 2016, that is, more than six months after the transfer.

9. The Court further observes that in application no. 38099/16 the applicant's complaint regarding his initial detention in Craiova Prison, which ceased on 15 September 2008 by his transfer to another prison facility in respect of which he did not raise any complaint, was lodged with the Court on 18 July 2016, that is, more than six months after the transfer.

10. Therefore, the Court accepts the Government's objection and finds that these parts of the applications were lodged outside the six-month time-�limit and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

11. 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).

12. 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.

13. Having examined all the material submitted to it, as well as the Government's objection concerning the application of the six-month rule to the continuous situations of the applicants' conditions of detention in applications nos. 39242/15 and 39892/16, 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.

14. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

III. APPLICATION OF ARTICLE 41 OF THE CONVENTION

15. 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."

16. 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.

17. 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, as set out in the appended table, admissible and the remainder of the applications nos. 11542/16 and 38099/16, concerning the applicants' initial detention periods which ended on 3 December 2012 and 15 September 2008 respectively, inadmissible;

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 14 June 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv TigerstedtVincent A. De Gaetano
Acting Deputy RegistrarPresident

APPENDIX

List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)

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]
33064/15 14/08/2015	Laurențiu-�George Uță 27/01/1982		Giurgiu Prison Mărgineni Prison, Rahova Prison Jilava Prison, Găeşti Prison 03/01/2004 to 15/03/2017 13 years and 2 months and 13 days	2.25-2.44 m² 1.36-2.64 m²	infestation of cell with insects/rodents, poor quality of potable water, poor quality of food, lack of privacy during shower, inadequate temperature, passive smoking overcrowding, infestation of cell with insects/rodents, poor quality of potable water, lack of privacy during shower, poor quality of food, inadequate temperature overcrowding, poor quality of food, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of potable water, lack of privacy during shower, inadequate temperature	5,000
36070/15 20/08/2015	Alin Mujea 12/06/1984		Miercurea-Ciuc Prison 19/01/2015 to 05/04/2016 1 year and 2 months and 18 days	1.29-1.85 m²	overcrowding, poor quality of food, insufficient out-of-cell space, bunk beds, lack of or insufficient natural light, no or restricted access to warm water, lack or inadequate furniture	3,000
36659/15 10/08/2015	Dumitru Agapi 13/09/1968		Bacău Prison Iaşi Prison Arad Prison Tulcea Prison Vaslui Prison 06/07/2010 pending More than 7 years and 10 months and 4 days	1.63-2.80 m² 1.28 m² 3.07 m² 1.69 m² 2.45-2.95 m²	overcrowding (save for the period of 30/07/2010-02/08/2010), poor quality of food, bunk beds, no or restricted access to warm water overcrowding, poor quality of food, insufficient out-of-cell space, infestation of cell with insects/rodents, no or restricted access to warm water, lack of or insufficient natural light, lack of or insufficient electric light poor quality of food, insufficient out-of-cell space, no or restricted access to warm water overcrowding, poor quality of food, insufficient out-of-cell space, infestation of cell with insects/rodents, no or restricted access to potable water, lack of fresh air, no or restricted access to warm water overcrowding, poor quality of food, infestation of cell with insects/rodents, no or restricted access to warm water, insufficient toiletries	5,000
36666/15 28/08/2015	Iulian-Nicolae Ichim 25/06/1972	Irina Maria Peter Bucharest	Jilava Prison, Mărgineni Prison Giurgiu Prison, Rahova Prison 31/10/2007 to 21/04/2016 8 years and 5 months and 22 days	1.11 - 2.96 m² 1.93-2.79 m²	overcrowding (save for the periods of 16/02/2015-17/02/2015 and 13/07/2015-28/03/2016), bunk beds, infestation of cell with insects/rodents, poor quality of food, lack of or poor quality of bedding and bed linen, lack of dining facilities overcrowding (save for the periods of 27/10/2010 - 06/11/2010, 01/01/2012 -22/03/2012, 26/04/2012-16/02/2015), lack of or inadequate hygienic facilities, no or restricted access to shower, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of dining facilities	5,000
37029/15 17/08/2015	Cătălin Condoiu 19/01/1984	Irina Maria Peter Bucharest	Bucharest Police Section no. 6, Jilava Prison, Rahova Prison, Galaţi Prison, Arad Prison, Giurgiu Prison 22/07/2008 to 01/02/2016 7 years and 6 months and 11 days	1.26-2.95 m²	overcrowding (save for the periods of 11/02/2009-30/04/2010, 30/10/2012-04/09/2013, 10/01/2014-19/05/2014, 31/07/2015-01/11/2015), lack of dining facilities, bunk beds, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of running water, poor quality of food, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, mouldy or dirty cell	5,000
39095/15 27/08/2015	Demeter-Mihai Póra 25/06/1974		Braşov Police Arrest Codlea Prison Rahova Prison Miercurea-Ciuc Prison Mărgineni Prison Ploieşti Prison Rahova Prison Hospital 11/07/2009 pending More than 8 years and 9 months and 29 days	3.21-4 m² 1.35-2.19 m² 1.93-2.17 m² 1.40-1.94 m² 1.46-1.53 m² 6.2-7.46 m²	lack of or inadequate hygienic facilities, lack of privacy for toilet, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen overcrowding, bunk beds, lack of or inadequate hygienic facilities, no or restricted access to shower, lack of or insufficient natural light, lack of fresh air, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities overcrowding, mouldy or dirty cell, no or restricted access to potable water, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities overcrowding, lack of or inadequate hygienic facilities, no or restricted access to shower, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities bunk beds, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities overcrowding, bunk beds, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities mouldy or dirty cell, no or restricted access to potable water, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities	5,000
39242/15 01/09/2015	Valentin Patrichi 24/04/1983		Galaţi Prison, Giurgiu Prison, Poarta Albă Prison, Rahova Prison, Craiova Prison Poarta Albă Prison Hospital Brăila Prison 19/12/2009 pending More than 8 years and 4 months and 20 days	1.84-2.76 m² 4.31-11.74 m² 1.57-2.76 m²	overcrowding (save for the periods of 11/04/2011-24/10/2011, 19/01/2012-23/01/2012, 21/08/2012-24/09/2012, 31/05/2012-23/07/2012, 04/02/2013-07/03/2013), lack or inadequate furniture, infestation of cell with insects/rodents, poor quality of food, insufficient toiletries lack or inadequate furniture, poor quality of food, insufficient toiletries overcrowding (save for the periods of 17/10/2014-29/10/2014, 27/11/2014-18/08/2015, 21/09/2015 onward), lack or inadequate furniture, infestation of cell with insects/rodents, no or restricted access to shower, poor quality of food	5,000
42335/15 14/08/2015	Claudiu-Marian Bondoc 21/12/1973		Rahova Prison 23/10/2014 to 11/04/2016 1 year and 5 months and 20 days	2.44 m²	overcrowding (save for the periods of 24/10/2014-13/11/2014 and 19/11/2015-18/02/2016), poor quality of food, lack of or inadequate hygienic facilities, lack of fresh air, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of dining facilities	3,000
11542/16 22/03/2016	Marian Sorin Gogoloiu 26/04/1989		Craiova Prison 07/05/2013 pending More than 5 years and 2 days	0.93-1.52 m²	overcrowding, small and crowded courtyard, poor quality of food, lack of fresh air, infestation of cell with insects/rodents	5,000
38099/16 18/07/2016	Paul-Marian Bălăşoiu 21/11/1982		Craiova Prison 21/04/2009 pending More than 9 years and 19 days	1.20-2.17 m²	overcrowding (save for the period of 29/11/2012-09/12/2012), bunk beds, poor quality of food, infestation of cell with insects/rodents	5,000
39892/16 04/07/2016	Cosmin Pancu 05/03/1979		Bihor County Police Arrest, Jilava Prison, Oradea Prison, Jilava Prison Hospital, Arad Prison, Colibaşi Prison Hospital 15/05/2003 pending More than 14 years and 11 months and 27 days	2.07 - 2.37 m²	overcrowding (save for the periods of 20/07/2004-02/08/2004, 25/10/2004-29/11/2004, 07/02/2008-25/05/2009, 09/08/2010-23/08/2010, 06/08/2011-onward) poor quality of food, lack of or inadequate hygienic facilities, insufficient toiletries, lack of or insufficient natural light, no or restricted access to warm water, lack or inadequate furniture, infestation of cell with insects/rodents	5,000

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]

33064/15

14/08/2015

Laurențiu-�George Uță

27/01/1982

Giurgiu Prison

Mărgineni Prison, Rahova Prison

Jilava Prison, Găeşti Prison

03/01/2004 to

15/03/2017

13 years and 2 months and 13 days

2.25-2.44 m²

1.36-2.64 m²

infestation of cell with insects/rodents, poor quality of potable water, poor quality of food, lack of privacy during shower, inadequate temperature, passive smoking

overcrowding, infestation of cell with insects/rodents, poor quality of potable water, lack of privacy during shower, poor quality of food, inadequate temperature

overcrowding, poor quality of food, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of potable water, lack of privacy during shower, inadequate temperature

5,000

36070/15

20/08/2015

Alin Mujea

12/06/1984

Miercurea-Ciuc Prison

19/01/2015 to

05/04/2016

1 year and 2 months and 18 days

1.29-1.85 m²

overcrowding, poor quality of food, insufficient out-of-cell space, bunk beds, lack of or insufficient natural light, no or restricted access to warm water, lack or inadequate furniture

3,000

36659/15

10/08/2015

Dumitru Agapi

13/09/1968

Bacău Prison

Iaşi Prison

Arad Prison

Tulcea Prison

Vaslui Prison

06/07/2010

pending

More than 7 years and 10 months and 4 days

1.63-2.80 m²

1.28 m²

3.07 m²

1.69 m²

2.45-2.95 m²

overcrowding (save for the period of 30/07/2010-02/08/2010), poor quality of food, bunk beds, no or restricted access to warm water

overcrowding, poor quality of food, insufficient out-of-cell space, infestation of cell with insects/rodents, no or restricted access to warm water, lack of or insufficient natural light, lack of or insufficient electric light

poor quality of food, insufficient out-of-cell space, no or restricted access to warm water

overcrowding, poor quality of food, insufficient out-of-cell space, infestation of cell with insects/rodents, no or restricted access to potable water, lack of fresh air, no or restricted access to warm water

overcrowding, poor quality of food, infestation of cell with insects/rodents, no or restricted access to warm water, insufficient toiletries

5,000

36666/15

28/08/2015

Iulian-Nicolae Ichim

25/06/1972

Irina Maria Peter

Bucharest

Jilava Prison, Mărgineni Prison

Giurgiu Prison, Rahova Prison

31/10/2007 to

21/04/2016

8 years and 5 months and 22 days

1.11 - 2.96 m²

1.93-2.79 m²

overcrowding (save for the periods of 16/02/2015-17/02/2015 and 13/07/2015-28/03/2016), bunk beds, infestation of cell with insects/rodents, poor quality of food, lack of or poor quality of bedding and bed linen, lack of dining facilities

overcrowding (save for the periods of 27/10/2010 - 06/11/2010, 01/01/2012 -22/03/2012, 26/04/2012-16/02/2015), lack of or inadequate hygienic facilities, no or restricted access to shower, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of dining facilities

5,000

37029/15

17/08/2015

Cătălin Condoiu

19/01/1984

Irina Maria Peter

Bucharest

Bucharest Police Section no. 6, Jilava Prison, Rahova Prison, Galaţi Prison, Arad Prison, Giurgiu Prison

22/07/2008 to

01/02/2016

7 years and 6 months and 11 days

1.26-2.95 m²

overcrowding (save for the periods of 11/02/2009-30/04/2010, 30/10/2012-04/09/2013, 10/01/2014-19/05/2014, 31/07/2015-01/11/2015), lack of dining facilities, bunk beds, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of running water, poor quality of food, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, mouldy or dirty cell

5,000

39095/15

27/08/2015

Demeter-Mihai Póra

25/06/1974

Braşov Police Arrest

Codlea Prison

Rahova Prison

Miercurea-Ciuc Prison

Mărgineni Prison

Ploieşti Prison

Rahova Prison Hospital

11/07/2009

pending

More than 8 years and 9 months and 29 days

3.21-4 m²

1.35-2.19 m²

1.93-2.17 m²

1.40-1.94 m²

1.46-1.53 m²

6.2-7.46 m²

lack of or inadequate hygienic facilities, lack of privacy for toilet, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen

overcrowding, bunk beds, lack of or inadequate hygienic facilities, no or restricted access to shower, lack of or insufficient natural light, lack of fresh air, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities

overcrowding, mouldy or dirty cell, no or restricted access to potable water, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities

overcrowding, lack of or inadequate hygienic facilities, no or restricted access to shower, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities

bunk beds, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities

overcrowding, bunk beds, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities

mouldy or dirty cell, no or restricted access to potable water, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities

5,000

39242/15

01/09/2015

Valentin Patrichi

24/04/1983

Galaţi Prison, Giurgiu Prison, Poarta Albă Prison, Rahova Prison, Craiova Prison

Poarta Albă Prison Hospital

Brăila Prison

19/12/2009

pending

More than 8 years and 4 months and 20 days

1.84-2.76 m²

4.31-11.74 m²

1.57-2.76 m²

overcrowding (save for the periods of 11/04/2011-24/10/2011, 19/01/2012-23/01/2012, 21/08/2012-24/09/2012, 31/05/2012-23/07/2012, 04/02/2013-07/03/2013), lack or inadequate furniture, infestation of cell with insects/rodents, poor quality of food, insufficient toiletries

lack or inadequate furniture, poor quality of food, insufficient toiletries

overcrowding (save for the periods of 17/10/2014-29/10/2014, 27/11/2014-18/08/2015, 21/09/2015 onward), lack or inadequate furniture, infestation of cell with insects/rodents, no or restricted access to shower, poor quality of food

5,000

42335/15

14/08/2015

Claudiu-Marian Bondoc

21/12/1973

Rahova Prison

23/10/2014 to

11/04/2016

1 year and 5 months and 20 days

2.44 m²

overcrowding (save for the periods of 24/10/2014-13/11/2014 and 19/11/2015-18/02/2016), poor quality of food, lack of or inadequate hygienic facilities, lack of fresh air, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of dining facilities

3,000

11542/16

22/03/2016

Marian Sorin Gogoloiu

26/04/1989

Craiova Prison

07/05/2013

pending

More than 5 years and 2 days

0.93-1.52 m²

overcrowding, small and crowded courtyard, poor quality of food, lack of fresh air, infestation of cell with insects/rodents

5,000

38099/16

18/07/2016

Paul-Marian Bălăşoiu

21/11/1982

Craiova Prison

21/04/2009

pending

More than 9 years and 19 days

1.20-2.17 m²

overcrowding (save for the period of 29/11/2012-09/12/2012), bunk beds, poor quality of food, infestation of cell with insects/rodents

5,000

39892/16

04/07/2016

Cosmin Pancu

05/03/1979

Bihor County Police Arrest, Jilava Prison, Oradea Prison, Jilava Prison Hospital, Arad Prison, Colibaşi Prison Hospital

15/05/2003

pending

More than 14 years and 11 months and 27 days

2.07 - 2.37 m²

overcrowding (save for the periods of 20/07/2004-02/08/2004, 25/10/2004-29/11/2004, 07/02/2008-25/05/2009, 09/08/2010-23/08/2010, 06/08/2011-onward) poor quality of food, lack of or inadequate hygienic facilities, insufficient toiletries, lack of or insufficient natural light, no or restricted access to warm water, lack or inadequate furniture, infestation of cell with insects/rodents

5,000

[1] Plus any tax that may be chargeable to the applicants.

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You are here: BAILII >> Databases >> European Court of Human Rights >> UTA AND OTHERS v. ROMANIA - 33064/15 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2018] ECHR 496 (14 June 2018) URL: http://www.bailii.org/eu/cases/ECHR/2018/496.html Cite as: [2018] ECHR 496, ECLI:CE:ECHR:2018:0614JUD003306415, CE:ECHR:2018:0614JUD003306415