FLORIAN PETRICA CALIN AND OTHERS v. ROMANIA - 55593/15 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2019] ECHR 433 (06 June 2019)

In the case of Florian Petrică Călin and Others v. Romania ,

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

Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt Acting Deputy Section Registrar ,

Having deliberated in private on 16 May 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").

3. By letters of 28 August and 31 October 2018, the applicants in applications nos. 19322/16and 29129/16informed the Court that their last names had changed, respectively, from Mafteiu to Pîntea and from Broboană to Pațachia. On 5 and 17 December 2018, the Court advised the parties that it will continue processing the applications under the names of Mafteiu v. Romania and Broboană v. Romania , since this corresponds to the applicants ' names as referred to in the applications lodged with the Court.

THE FACTS

4. The list of applicant s and the relevant details of the applications are set out in the appended table.

5. The applicant s complained of the inadequate conditions of their detention .

THE LAW

I. JOINDER OF THE APPLICATIONS

6. 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

7. The applicant s 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."

8. The Court notes that the applicant s were kept in detention in poor conditions. The details of the applicant s ' 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. 42525/07and 60800/08, §§ 149 - 159, 10 January 2012).

9. In the leading case of Rezmiveș and Others v. Romania, nos. 61467/12and 3 others, 25 April 2017, the Court already found a violation in respect of issues similar to those in the present case.

10. 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 applicant s ' conditions of detention were inadequate.

11. These applications are therefore admissible and disclose a breach of Article 3 of the Convention.

III. APPLICATION OF ARTICLE 41 OF THE CONVENTION

12. 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."

13. Regard being had to the documents in its possession and to its case - law (see, in particular, Rezmiveș and Others v. Romania, nos. 61467/12and 3 others, 25 April 2017), the Court considers it reasonable to award the sum s indicated in the appended table.

14. 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 applicant s , 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 6 June 2019 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Georges Ravarani

Acting D eputy 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 Date of birth	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]
	55593/15 02/02/2016	Florian Petrică Călin 12/03/1982	Colibași Prison 06/11/2014 to 20/07/2018 3 year(s) and 8 month(s) and 15 day(s)	1.84-2.74 m²	overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of or inadequate furniture, inadequate temperature, lack of fresh air, lack of or restricted access to leisure or educational activities	3,000
	56200/15 07/12/2015	Marian Gîndac 06/09/1988	Miercurea- Ciuc Prison 21/05/2015 to 24/04/2017 1 year(s) and 11 month(s) and 4 day(s)	1.57-2.10 m²	overcrowding, lack of or inadequate hygienic facilities, lack of or inadequate furniture, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air	3,000
	4059/16 18/04/2016	Vasile-Alexandru Brăteanu 11/10/1970	Oradea, Jilava, Aiud and Arad Prisons, and Dej Prison Hospital 27/02/2003 to 31/01/2019 15 year(s) and 11 month(s) and 5 day(s)	2.07-2.76 m²	overcrowding, lack of or inadequate hygienic facilities, poor quality of food, insufficient number of sleeping places, no or restricted access to shower, no or restricted access to toilet	5,000
	4275/16 22/02/2016	Dumitru Baroga 28/06/1965 Represented by Irina Maria Peter, Bucharest	Bucharest 15th Police Department, Rahova, Giurgiu and Jilava Prisons 17/09/2010 to 04/01/2017 6 year(s) and 3 month(s) and 19 day(s)	1.1-2.8 m²	overcrowding, lack of privacy for toilet, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, no or restricted access to potable water, inadequate temperature	5,000
	9215/16 09/03/2016	Paul Drăghici 28/01/1985	Tulcea, Rahova and Poarta Albă Prisons 02/04/2013 to 01/02/2018 4 year(s) and 10 month(s)	1.38-2.44 m²	overcrowding, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, inadequate temperature	3,000
	17567/16 23/03/2016	Florin-Lucian Grădinaru 16/07/1986	Miercurea- Ciuc Prison 12/03/2015 to 25/07/2016 1 year(s) and 4 month(s) and 14 day(s)	1.5-2.14 m²	overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air	3,000
	17858/16 18/05/2016	Nicolae Pavel 02/01/1969	Codlea and Miercurea- Ciuc Prisons 29/04/2013 to 29/11/2016 3 year(s) and 7 month(s) and 1 day(s)	1.16-2.81 m²	overcrowding, insufficient number of sleeping places, mouldy or dirty cell, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or inadequate furniture, no or restricted access to potable water, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, inadequate temperature, no or restricted access to shower, lack of or inadequate hygienic facilities, bunk beds	3,000
	19322/16 28/04/2016	Gheorghe-Sorin Pîntea (formerly Mafteiu) 12/02/1974	Vaslui County Police, Vaslui, Rahova, Giurgiu and Iași Prisons 18/04/2008 pending More than 10 year(s) and 11 month(s) and 10 day(s)	1.28-2.45 m²	overcrowding, lack of or inadequate hygienic facilities, no or restricted access to toilet, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air	5,000
	29129/16 28/06/2016	Mioara Pațachia (formerly Broboană) 20/02/1975	Craiova Prison 21/09/2010 pending More than 8 year(s) and 6 month(s) and 7 day(s)	1.17-2.33 m²	overcrowding, no or restricted access to toilet, bunk beds, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, inadequate temperature	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 >> FLORIAN PETRICA CALIN AND OTHERS v. ROMANIA - 55593/15 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2019] ECHR 433 (06 June 2019) URL: http://www.bailii.org/eu/cases/ECHR/2019/433.html Cite as: [2019] ECHR 433, ECLI:CE:ECHR:2019:0606JUD005559315, CE:ECHR:2019:0606JUD005559315