TACHE AND OTHERS v. ROMANIA - 52964/15 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2021] ECHR 1116 (16 December 2021)

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You are here: BAILII >> Databases >> European Court of Human Rights >> TACHE AND OTHERS v. ROMANIA - 52964/15 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2021] ECHR 1116 (16 December 2021) URL: http://www.bailii.org/eu/cases/ECHR/2021/1116.html Cite as: ECLI:CE:ECHR:2021:1216JUD005296415, [2021] ECHR 1116, CE:ECHR:2021:1216JUD005296415

In the case of Tache 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

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. 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 objection 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 table appended below, were inadequate.

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

III. REMAINING COMPLAINTS

11. In applications nos. 82232/17 and 82278/17, the applicants also raised other complaints under Article 3 of the Convention.

12. The Court has examined these complaints 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, they 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, cited above), 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 specified in the appended table, 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 for the periods specified in the appended table below;

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 16 December 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

signature_p_1} {signature_p_2}

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]
	52964/15 03/12/2015	Cătălin-Iulian TACHE 1986	Irina Maria Peter Bucharest	Mărgineni, Ploiești and Găiești Prisons 13/03/2013 to 17/08/2016 3 year(s) and 5 month(s) and 5 day(s)	1-1.6 m²	overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, lack or inadequate furniture, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water	3,000
	68008/16 16/12/2016	Gheorghe PĂCURAR 1978		Bârcea Mare and Aiud Prisons, Dej Hospital Prison 18/12/2012 to 19/04/2017 4 year(s) and 4 month(s) and 2 day(s)	1.36-2.99 m²	overcrowding (save for 12/09/2013-14/04/2014 and for 24/04-25/06/2014), inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, no or restricted access to warm water, lack of or inadequate hygienic facilities, bunk beds, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack or insufficient quantity of food, lack of or insufficient physical exercise in fresh air	3,000
	71948/16 31/12/2016	Constantin ION 1987	Irina Maria Peter Bucharest	Focşani and Mărgineni Prisons, Rahova Prison Hospital 04/06/2015 to 13/10/2017 2 year(s) and 4 month(s) and 10 day(s)	1.20-2 m²	overcrowding (save for 18-25/09/2015), bunk beds, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, lack or insufficient quantity of food	3,000
	9953/17 07/06/2017	Bogdan OPRIȘIU 1986		Dolj County Police, Jilava Prison Hospital, Craiova, Rahova, Drobeta Turnu Severin, Pelendava and Brăila Prisons 21/04/2010 to 13/12/2016 6 year(s) and 7 month(s) and 23 day(s)	1.21-2.04 m²	overcrowding, mouldy or dirty cell, lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack or inadequate furniture, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food	5,000
	47064/17 24/06/2017	Șaban-Ibram FESANA 1988	Traian Fucigiu Tulcea	Tulcea Prison 21/01/2015 to 14/06/2017 2 year(s) and 4 month(s) and 25 day(s)	1.39-2.08 m²	overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of fresh air, lack or insufficient quantity of food, poor quality of food, no or restricted access to shower, no or restricted access to warm water	3,000
	47179/17 21/06/2017	Doru PANCIU 1983		Tulcea Prison 14/04/2008 to 03/05/2017 9 year(s) and 20 day(s)	1.39-2.08 m²	overcrowding, bunk beds, inadequate temperature, 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 or inadequate furniture, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell, no or restricted access to warm water	5,000
	82230/17 28/11/2017	Ionuț ADOBROAIEI 1981	Andreea-Gabriela Cadar Galați	Iaşi, Botoşani and Găeşti Prisons 01/04/2014 to 30/08/2017 3 year(s) and 4 month(s) and 30 day(s)	1.71-2 m²	overcrowding, bunk beds, inadequate temperature, 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 poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, lack or inadequate furniture, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water	3,000
	82231/17 28/11/2017	Şeref AGÖREN 1963	Andreea-Gabriela Cadar Galați	Giurgiu, Jilava and Rahova Prisons 08/07/2015 to 31/05/2017 1 year(s) and 10 month(s) and 24 day(s)	1.8-2.5 m²	overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, lack or inadequate furniture, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water	3,000
	82232/17 28/11/2017	Nicolae ANGHEL 1977	Andreea-Gabriela Cadar Galați	Poarta Albă Prison 26/02/2016 to 18/08/2017 1 year(s) and 5 month(s) and 24 day(s)	1.35 m²	overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, lack or inadequate furniture, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water	3,000
	82278/17 28/11/2017	Gheorghe-Marius OȘLOBANU 1991	Andreea-Gabriela Cadar Galați	Poarta Albă Prison 27/01/2017 to 01/06/2017 4 month(s) and 6 day(s)	0.6 m²	overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, lack or inadequate furniture, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water	1,000
	13898/18 12/03/2018	Paul ZANE 1976	Radu Pascu Oradea	Oradea and Satu Mare Prisons 27/03/2015 to 12/09/2017 2 year(s) and 5month(s) and 17 day(s)	1-1.35 m²	overcrowding (save for 11/05-12/06/2016 and 13-24/04/2017), lack or inadequate furniture, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, no or restricted access to warm water	3,000

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