Legislative measures on the issue of prison overcrowding and improper material conditions of detention, following the ECtHR pilot-judgment Rezmiveș and others against Romania

Autor: Radu Florin GEAMĂNU
Publicat în: Challenges of the Knowledge Society 2018
Disponibil online: aici.
Abstract: This paper deals with the issue of prison overcrowding and improper material conditions of detention. The first part of the study is developed based on the national standards, followed by a presentation of the international standards (United Nations, Council of Europe, European Union), dwelling especially on the provisions of the European Convention of Human Rights and of the European Prison Rules. An analysis is made based on the ECtHR judgements regarding prison overcrowding and the infringement of the art. 3 of the European Convention of Human Rights regarding the prohibition of torture or inhuman or degrading treatment or punishment. Further, the paper focuses on the main ECtHR pilot judgements on overcrowding and material conditions of detention, especially those against Romania. Iacov Stanciu case and Rezmiveș and others case. We will also evaluate the current and possible solutions to solve the issue of prison overcrowding and improper material conditions of detention, namely solutions that will, in the future, avoid convictions in front of the ECtHR: different compensatory remedies for prisoners executing the penalty in overcrowding prisons. Concluding, the study will attempt to express some recommendations in drafting future legislative measures in order to limit the problem of prison overcrowding.
Keywords: prison overcrowding; material conditions of detention; ECHR; ECtHR; Romanian legislation.