TURCIN AND OTHERS v. ROMANIA - 46051/19 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2022] ECHR 524 (23 June 2022)

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> TURCIN AND OTHERS v. ROMANIA - 46051/19 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2022] ECHR 524 (23 June 2022) URL: http://www.bailii.org/eu/cases/ECHR/2022/524.html Cite as: [2022] ECHR 524, CE:ECHR:2022:0623JUD004605119, ECLI:CE:ECHR:2022:0623JUD004605119

In the case of Turcin 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 2 June 2022,

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 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 Government raised a preliminary objection concerning loss of victim status by the applicants for the periods of detention specified in the appended table because they were afforded adequate redress based on Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences for those specific periods of detention.

8. The Court notes that the domestic remedy introduced in respect of inadequate conditions of detention in Romania and applicable until December 2019 was held to be an effective one in the case of Dîrjan and Ştefan v. Romania ((dec.), nos. 14224/15 and 50977/15, §§ 23-33, 15 April 2020). This remedy was available to the applicants in the present applications, and they were, indeed, afforded adequate redress for certain periods of detention (for details see the appended table).

9. Therefore, the Court accepts the Government’s objection and finds that these parts of the applications are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

10. Turning to the remaining periods of the applicants’ detention as specified in the appended table, 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).

11. 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.

12. 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, (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 appended table, were inadequate.

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

III. REMAINING COMPLAINTS

14. In applications nos. 46051/19, 46779/19, 52782/19, 58690/19, 64121/19, 967/20, 5039/20, 7342/20 and 21943/20, the applicants also raised other complaints under Article 3 of the Convention.

15. 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

16. 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.”

17. 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.

18. The Court further 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, for the periods 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 23 June 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

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	Facility Start and end date Duration	Sq. m per inmate	Specific grievances	Domestic compensation awarded (in days) based on total period calculated domestically	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1]
	46051/19 19/11/2019	Costel-Viorel TURCIN 1980	Arad Prison 06/05/2019 pending More than 3 year(s) and 8 day(s)	-	poor quality of food, mouldy or dirty cell, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient natural light	492 days in compensation for a total period of 2,468 days spent in detention in inadequate conditions from 24/07/2012 to 06/05/2019, including all the periods spent in Craiova and Mărgineni Prisons, except for the periods spent in transit rooms	3,000
	46779/19 10/10/2019	Francisc-Carol STOICA 1973	Arad Prison 23/01/2019 to 21/03/2019 1 month(s) and 27 day(s) Arad Prison 06/11/2019 pending More than 2 year(s) and 6 month(s) and 8 day(s)	-	mouldy or dirty cell, lack or inadequate furniture, inadequate temperature, no or restricted access to warm water, poor quality of food	372 days in compensation for a total period of 1,861 days spent in detention in inadequate conditions from 28/07/2014 to 06/11/2019, including all the periods spent in Aiud, Oradea and Deva Prisons, except for the periods spent in transit rooms and the first period mentioned in column no. 4	3,000
	52177/19 05/11/2019	Ion PETRIŞOR 1977	Arad Prison 20/10/2016 pending More than 5 year(s) and 6 month(s) and 24 day(s)	-	lack of fresh air, poor quality of food, infestation of cell with insects/rodents, no or restricted access to potable water, no or restricted access to shower	132 days in compensation for a total period of 665 days spent in detention in inadequate conditions from 18/12/2014 to 20/10/2016, including all the periods spent in Bacău, Iași and Tulcea Prisons	5,000
	52782/19 29/11/2019	Ioan FISCUTIAN 1990	Gherla Prison 23/12/2019 to 23/09/2020 9 month(s) and 1 day(s) Gherla Prison 22/02/2021 pending More than 1 year(s) and 2 month(s) and 22 day(s)	2.74 - 2.95 m²	overcrowding (save for the periods 10/02/2020 - 20/02/2020 and 05/08/2020 - 23/09/2020), no or restricted access to warm water, lack of or inadequate hygienic facilities, lack or inadequate furniture, no or restricted access to potable water	348 days in compensation for a total period of 1,757 days spent in detention in inadequate conditions from 27/12/2014 to 22/12/2019, including all the periods spent in Bistrița County Police Station, Gherla and Botoșani Prisons, expert for the days spent in infirmary or transit rooms	3,000
	58690/19 17/12/2019	Florian GULIE 1988	Craiova Prison 23/12/2019 to 28/09/2020 9 month(s) and 6 day(s) Craiova Prison 17/11/2020 pending More than 1 year(s) and 5 month(s) and 27 day(s)	2.71 m²	overcrowding (save for the periods 23/12/2019 - 17/11/2020 and 27/11/2020 - 04/01/2021), bunk beds, lack of or insufficient natural light, inadequate temperature, lack of or inadequate hygienic facilities	384 days in compensation for a total period of 1,923 days spent in detention in inadequate conditions from 12/07/2014 to 22/12/2019, including all the periods spent in Olt County Police Station and Craiova Prison	3,000
	64121/19 28/01/2020	Ionuţ Marian ŢÎMPĂU 1988	Arad Prison 24/03/2016 to 16/08/2016 4 month(s) and 24 day(s) Arad Prison 14/01/2018 pending More than 4 year(s) and 4 month(s)	-	infestation of cell with insects/rodents, mouldy or dirty cell, poor quality of food, lack of or restricted access to leisure or educational activities, lack of fresh air	132 days in compensation for a total period of 673 days spent in detention in inadequate conditions from 24/07/2012 to 22/12/2019 in Arad and Iași Prisons, except for days spent in transit rooms and the periods indicated in column no. 4	3,000
	64849/19 05/05/2020	Rita-Maria BRUMĂ 1972	Gherla Prison 23/12/2019 pending More than 2 year(s) and 4 month(s) and 21 day(s)	1.94 - 2.87 m²	overcrowding (save for the periods 15/01/2020 - 10/03/2020 and 08/04/2020 - 11/02/2021), lack of or insufficient natural light, inadequate temperature, lack of privacy for toilet, mouldy or dirty cell		3,000
	363/20 27/01/2020	Dumitru HUSAR 1985	Baia Mare Prison 23/12/2019 to 30/06/2020 6 month(s) and 8 day(s)	2.55 m²	overcrowding, lack of or insufficient natural light, mouldy or dirty cell, poor quality of potable water, no or restricted access to warm water	84 days in compensation for a total period of 421 days spent in detention in inadequate conditions from 24/10/2018 to 22/12/2019 in Gherla and Baia Mare Prisons	1,000
	967/20 06/02/2020	Dragoș-Petronel MOROȘANU 1996	Arad Prison 12/03/2019 to 18/03/2019 7 day(s) Arad Prison 16/04/2019 pending More than 3 year(s) and 28 day(s)	-	lack of toiletries, no or restricted access to warm water, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air	138 days in compensation for a total period of 703 days spent in detention in inadequate conditions from 14/03/2017 to 16/04/2019 in Botoșani, Iași and Bacău Prisons, except for periods spent in Arad Prison and transit rooms	3,000
	2118/20 03/01/2020	Dorel CATÎRU 1983	Bucharest - Jilava Prison Hospital 12/09/2019 to 17/09/2019 6 day(s) Giurgiu Prison 23/12/2019 to 08/07/2020 6 month(s) and 16 day(s)	-	infestation of cell with insects/rodents, lack or inadequate furniture, poor quality of potable water, lack of or inadequate hygienic facilities, poor quality of food	60 days in compensation for a total period of 328 days spent in detention in inadequate conditions from 28/03/2017 to 23/09/2017 and from 23/07/2019 to 22/12/2019, including all the period spent in Giurgiu Prison	1,000
	4392/20 09/01/2020	Liviu LUCA 1953	Găești Prison 22/11/2018 pending More than 3 year(s) and 5 month(s) and 22 day(s)	-	infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack or inadequate furniture, inadequate temperature, lack of requisite medical assistance		3,000
	5039/20 25/02/2020	Adrian-Claudiu PERCA 1990	Mioveni Prison 23/12/2019 to 20/02/2020 1 month(s) and 29 day(s)	2.53 m²	overcrowding (save for the period 27/01/2020 - 20/02/2020), infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air	270 days in compensation for a total period of 1,350 days spent in detention in inadequate conditions from 09/02/2016 to 22/12/2019, including all the periods spent in Mioveni Prison	1,000
	7035/20 17/02/2020	Radu-Marian TURNAGIU 1994	Bucharest - Jilava Prison 23/12/2019 to 01/10/2020 9 month(s) and 9 day(s)	2.26 - 2.54 m²	overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient natural light, poor quality of food	360 days in compensation for a total period of 1,827 days spent in detention in inadequate conditions from 17/12/2014 to 22/12/2019, including all the periods spent in Giurgiu and Bucharest - Jilava Prisons	1,000
	7342/20 28/02/2020	Laurenţiu BOJĂ 1981	Bucharest - Jilava Prison 23/12/2019 to 01/02/2020 1 month(s) and 10 day(s) Bucharest - Jilava Prison 05/02/2020 to 28/07/2021 1 year(s) and 5 month(s) and 24 day(s)	1.94 - 2.94 m²	overcrowding, no or restricted access to shower, poor quality of food, mouldy or dirty cell, infestation of cell with insects/rodents	138 days in compensation for a total period of 698 days spent in detention in inadequate conditions from 29/03/2018 to 22/12/2019 in Giurgiu and Bucharest - Jilava Prisons, except for the period 06/02/2019 - 08/02/2019 spent in a transit room	3,000
	21943/20 04/05/2020	Mihai Florin GHEOCALESCU 1954	Bucharest - Jilava Prison 23/12/2019 to 20/02/2020 1 month(s) and 29 day(s) Bucharest - Jilava Prison 27/02/2020 to 24/11/2020 8 month(s) and 29 day(s)	2.54 m²	overcrowding		1,000

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