FOURTH SECTION

CASE OF POCA AND OTHERS v. ROMANIA
(Application no. 71601/14 and 17 other applications)

JUDGMENT

STRASBOURG

14 December 2017

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

In the case of Poca 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 23 November 2017,
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. Some applicants also raised other complaints under the provisions of the Convention.
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, 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).
8.  In the pilot 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, 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.
III.  REMAINING COMPLAINTS
11.  The applicants in applications nos. 77502/14, 3558/15, 8679/15, 10385/15, 13766/15, 18400/15, 20858/15, 28884/15, 32603/15, 32777/15, 33403/15, 34184/15 and 36047/15, 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.
IV.  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 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.
15.  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. 77502/14, 3558/15, 8679/15, 10385/15, 13766/15, 18400/15, 20858/15, 28884/15, 32603/15, 32777/15, 33403/15, 34184/15 and 36047/15, inadmissible;

3.  Holds that these complaints 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 December 2017, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
	Liv Tigerstedt	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/Date of registration
	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.		71601/14
02/07/2015	Emil Poca
18/02/1958	
	Gherla Penitentiary
01/01/2009 to
29/08/2014
5 year(s) and 7 month(s) and 29 day(s)

Bistrița Penitentiary
29/08/2014 to
20/12/2016
2 year(s) and 3 month(s) and 22 day(s)	1.6-2.7 m²

1.3-2.03 m²	Overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air.

Overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air.	5,000	
2.		77502/14
02/06/2015	Victor-Nicolae Luca
07/05/1975	Fuiorea-Drăgan Constantin
Târgu-Jiu	Târgu-Jiu Penitentiary
17/06/2013 to
28/06/2016
3 year(s) and 12 day(s)
	1.1-2.6 m²	Overcrowding, lack of fresh air, lack of or insufficient natural light, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, cell used as shoe repair workshop, lack of or inadequate hygienic facilities.	3,000	
3.		78443/14
18/01/2015	Iulian-Costel Bardașu
02/08/1978	Grozavu Mirela
Bacău	Iași Penitentiary
09/09/2014 to
17/02/2015
5 month(s) and 9 day(s)	1.2-1.9 m²	Overcrowding, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of toiletries.
	1,000	
4.		3558/15
12/02/2015	Dumitru Sfetcu
29/09/1980	
	Penitentiaries of Rahova, Giurgiu, Gherla, Aiud and Arad 10/11/2009 to
24/08/2016
6 year(s) and 9 month(s) and 15 day(s)	1.9-2.4 m²
	Rahova Penitentiary: overcrowding, poor quality of food, lack of or poor quality of bedding and bed linen;

Giurgiu Penitentiary: lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to shower, poor quality of food;

Gherla Penitentiary: overcrowding, mouldy or dirty cell, no or restricted access to shower, poor quality of food, lack of or poor quality of bedding and bed linen;

Aiud Penitentiary: mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food;

Arad Penitentiary: poor quality of food, infestation of cell with insects/rodents, poor quality of potable water, lack of or restricted access to leisure or educational activities, no or restricted access to shower.	5,000	
5.		8679/15
04/05/2015	Ionel Zamfirache
12/02/1973	
	Galați Penitentiary
01/04/2014 to
02/02/2016
1 year(s) and 10 month(s) and 2 day(s)	2.4-2.6 m²	Overcrowding, bunk beds, lack of or inadequate furniture and storage space, poor quality of food, lack of fresh air, poor quality of potable water, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, mouldy or dirty cell.	3,000	
6.		10385/15
30/03/2015	Cosmin-Isidor Nagy
28/10/1973	
	Baia Mare Penitentiary
30/10/2013
pending
More than 3 year(s) and 10 month(s) and 24 day(s)	1.7-2.1 m²	Overcrowding, bunk beds, poor quality of food, lack of or inadequate furniture and storage space, lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to warm water, no or restricted access to shower, lack of toiletries.
	3,000	
7.		13766/15
07/05/2015	Adrian Florian Cicortaș
07/02/1973	Cândea Claudia Nadina Daciana
Timișoara	Penitentiaries of Arad Vechi, Timișoara, Jilava, Gherla and Arad Nou
21/09/1999
pending
More than 18 year(s) and 26 day(s)	1-2.3 m²	Arad Vechi Penitentiary: overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, inadequate temperature, mouldy or dirty cell, no or restricted access to shower, lack of or inadequate furniture and storage space, poor quality of food, lack of toiletries, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air;

Timișoara Penitentiary: overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, lack of toiletries, lack of or inadequate furniture and storage space, poor quality of food, infestation of cell insects/rodents, lack of or insufficient physical exercise in fresh air;

Jilava Penitentiary: overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, inadequate temperature, lack of or inadequate hygienic facilities, lack of or inadequate furniture and storage space, poor quality of food, poor quality of potable water, infestation of cell with insects/rodents, lack of toiletries;
Gherla Penitentiary: overcrowding, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, inadequate temperature, mouldy or dirty cell, no or restricted access to shower, poor quality of food, lack of or inadequate furniture and storage space, lack of toiletries, lack of or insufficient physical exercise in fresh air;

Arad Nou Penitentiary: mouldy or dirty cell, proximity to dump site, poor quality of food, lack of or poor quality of bedding and bed linen, lack of toiletries, infestation of cell with insects/rodents.
	5,000	
8.		14100/15
24/07/2015	Victor-Ionuţ Brumar
03/05/1986	
	Miercurea Ciuc Penitentiary
02/09/2013 to
30/10/2015
2 year(s) and 1 month(s) and 29 day(s)	1.2-2.6 m²	Overcrowding, poor quality of food, lack of or inadequate furniture and storage space, no or restricted access to warm water, bunk beds, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air.
	3,000	
9.		18400/15
29/06/2015	Ovidiu Alexandru Petconi
02/12/1981	
	Timiș Police Inspectorate
06/03/2015 to
10/03/2015
5 day(s)

Timișoara Penitentiary
10/03/2015 to
19/04/2017
2 year(s) and 1 month(s) and 10 day(s)	

2.6 m²	Mouldy or dirty cell, lack of or insufficient natural light, infestation of cell with insects/rodents, no or restricted access to warm water, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air.

Overcrowding, lack of or inadequate furniture and storage space, lack of or insufficient natural light, lack of fresh air, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents.
	3,000	
10.		20858/15
14/05/2015	Florin Constantin
12/10/1983	Constantin Cristina
Bucharest	Rahova Penitentiary
03/12/2013
pending
More than 3 year(s) and 10 month(s) and 14 day(s)	1.6-2.4 m²	Overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or inadequate furniture and storage space, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities.	3,000	
11.		21477/15
02/06/2015	Marius Teban
20/08/1974	
	Aiud Penitentiary
12/11/2014 to
24/04/2015
5 month(s) and 13 day(s)	1.9-2.6 m²	Overcrowding, lack of sanitary facilities in the courtyard, lack or inadequate furniture, inadequate temperature, mouldy or dirty cell, poor quality of food.
	1,000	
12.		28884/15
03/07/2015	Anton Hamza
21/03/1985	
	Satu Mare Penitentiary
21/07/2005 to
12/09/2006
1 year(s) and 1 month(s) and 23 day(s)

Oradea Penitentiary
12/09/2006 to
16/06/2014
7 year(s) and 9 month(s) and 5 day(s)

Timișoara Penitentiary
19/06/2014 to
05/04/2017
2 year(s) and 9 month(s) and 18 day(s)	1.3-1.8 m²

1.6-2.8 m²

2.5-2.6 m²	Overcrowding

Overcrowding

Overcrowding, lack of or inadequate furniture and storage space, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen.	5,000	
13.		32603/15
15/07/2015	Edmond-George Ghiulbenghian
12/02/1982	Peter Irina Maria
Bucharest	Rahova Penitentiary
23/10/2014
pending
More than 2 year(s) and 11 month(s) and 24 day(s)	1.9-2.4 m²	Overcrowding (save for the period of 01/04/2015 – 02/10/2015 and 27/10/2015 – 12/02/2016), lack of adequate space to serve meals, poor quality of food, infestation of cell with insects/rodents, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to warm water.	3,000	
14.		32777/15
27/07/2015	Constantin-Vasile Ivan
13/09/1978	Peter Irina Maria
Bucharest	Giurgiu Police Inspectorate
06/03/2006 to
23/03/2006
18 day(s)

Jilava Penitentiary Hospital and Giurgiu Police Inspectorate
23/03/2006 to
28/06/2006
3 month(s) and 6 day(s)

Penitentiaries of Giurgiu and Jilava 28/06/2006 to
06/01/2007
6 month(s) and 10 day(s)

Penitentiaries of Giurgiu and Craiova and Jilava Penitentiary Hospital 06/01/2007 to
25/07/2012
5 year(s) and 6 month(s) and 20 day(s)

Jilava Penitentiary
25/07/2012
pending
More than 5 year(s) and 2 month(s) and 11 day(s)	

1.2-2.8 m²
(Jilava Penitentiary)

2.06 m² (Craiova Penitentiary)

1.2-2.8 m²	Infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet.

Mouldy or dirty cell, infestation of cell with insects/rodents.

Overcrowding (Jilava Penitentiary), infestation of cell with insects/rodents, mouldy or dirty cell.

Giurgiu Penitentiary: lack of privacy for toilet, 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 poor quality of bedding and bed linen;

Craiova Penitentiary: overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents;

Jilava Penitentiary Hospital: mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of potable water.

Overcrowding, bunk beds, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food and running water, no or restricted access to shower, lack of adequate space for serving meals, no or restricted access to toilet, lack of fresh air, lack of or insufficient natural light, mouldy or dirty cell, inadequate temperature.
	5,000	
15.		33403/15
23/07/2015	Nicolae Lemnaru
14/08/1983	Peter Irina Maria
Bucharest	Prahova Police Inspectorate
09/07/2012 to
08/08/2012
1 month(s)

Mărgineni Penitentiary
08/08/2012 to
20/02/2013
6 month(s) and 13 day(s)

Ploiești Penitentiary
20/02/2013 to
27/06/2013
4 month(s) and 8 day(s)

and

12/11/2015
pending
More than 1 year(s) and 11 month(s) and 5 day(s)

Găești Penitentiary
27/06/2013 to
12/11/2015
2 year(s) and 4 month(s) and 17 day(s)

	1.7-2.1 m²

1.8-2 m²

1.3-2.1 m²

1.7 m²

	Overcrowding, infestation of cell with insects/rodents, lack of adequate space to serve meals, bunk beds, lack of or insufficient natural light, lack of privacy for toilet.

Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of adequate space to serve meals, lack of or inadequate hygienic facilities, bunk beds, no or restricted access to shower, no or restricted access to warm water.

Overcrowding, bunk beds, lack of or inadequate hygienic facilities.

Overcrowding (save for the period of 20/01/2015 – 08/06/2015), lack of or inadequate hygienic facilities, lack of or inadequate furniture and storage space, insalubrious shower room, bunk beds, no or restricted access to shower.	5,000	
16.		34069/15
28/07/2015	Victor Sorin Miclea
28/03/1983		Bucharest 12th Police Section
07/03/2013 to
13/03/2013
7 day(s)

Sălaj Police Inspectorate
13/03/2013 to
19/03/2013
7 day(s)

Oradea Penitentiary
19/03/2013 to
22/04/2013
1 month(s) and 4 day(s)

Baia Mare Penitentiary
25/04/2013 to
13/03/2014
10 month(s) and 17 day(s)

Gherla Penitentiary
13/03/2014 to
03/06/2015
1 year(s) and 2 month(s) and 22 day(s)

Satu Mare Penitentiary
03/06/2015 to
21/09/2015
3 month(s) and 19 day(s)	2.7 m²

1.8 m²

2.07-2.1 m²

1.2-1.9 m²

1.7-2.4 m²

1.3-1.4 m²
	Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, poor quality of food, lack of or inadequate hygienic facilities, cell situated at the basement.

Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, cell situated at the basement.

Overcrowding, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of toiletries, poor quality of food, lack of or insufficient physical exercise in fresh air.

Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of toiletries, poor quality of food, lack of adequate place for serving meal, lack of or inadequate hygienic facilities.

Overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of privacy for toilet, lack of toiletries, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities.

Overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air.

	3,000	
17.		34184/15
28/07/2015	Adrian-Mircea Lăpădat
15/01/1977	
	Miercurea Ciuc Penitentiary
17/07/2014 to
14/01/2016
1 year(s) and 5 month(s) and 29 day(s)	1.6-2.7 m²	Overcrowding, lack of or inadequate furniture and storage space, insufficient and poor quality of food, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, bunk beds, lack of or insufficient physical exercise in fresh air.	3,000	
18.		36047/15
15/07/2015	Ion Picicurov
19/11/1978	Gîrjev Daniela
Chișinău	Vaslui Penitentiary
11/02/2014 to
17/02/2015
1 year(s) and 7 day(s)

and

16/06/2015
pending
More than 2 year(s) and 4 month(s) and 1 day(s)
	1.9 m²

	Overcrowding

	3,000