FOURTH SECTION
DECISION
Application no. 14497/21
Marius-Ninel BOTEZATU against Romania
and 19 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 26 March 2026 as a Committee composed of:
Anne Louise Bormann, President,
Sebastian Răduleţu,
András Jakab, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above 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,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDUREThe list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”).
THE LAW Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Complaints under Article 3 of the Convention (inadequate conditions of detention)Having examined all the material before it, the Court considers that for the reasons stated below, the present applications are inadmissible.
The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention.
The Government argued that the applicants had failed to exhaust the available effective remedies for their complaints about the inadequate conditions of their detention, as the complaint with the judge responsible for supervising the deprivation of liberty (plângerea în fața judecătorului de supraveghere a privării de libertate), provided for by Article 56 of Law no. 254/2013, had become an effective remedy for grievances similar to those of the applicants.
The Court recalls that in Văscăuțanu v. Romania (dec.), no. 10120/23, §§ 47–59, 18 November 2025, it held that the remedy, which consists of lodging a complaint with the judge responsible for supervising the deprivation of liberty (plângerea în fața judecătorului de supraveghere a privării de libertate), provided for by Article 56 of Law no. 254/2013, constituted, as of 6 April 2023, an effective remedy enabling individuals who allege that they are being held in inadequate conditions of detention to put an end to their situation that they denounced as being contrary to Article 3 of the Convention.
In light of all the material in its possession, the Court observes that the applicants, who allege that they are being held in inadequate conditions of detention, did not indicate that they pursued the available remedy before the domestic courts (see Văscăuțanu, cited above, § 65). Therefore, their applications must be dismissed for failure to exhaust domestic remedies.
The Government also invoked other grounds of inadmissibility to argue that the present applications must be rejected.
Since it has already upheld the Government’s objection on the non‑exhaustion of domestic remedies, the Court does not consider it necessary to examine further the other arguments raised by the Government.
In view of the above, the Court finds that the applicants’ complaints concerning the periods set out in the appended table must be rejected for failure to exhaust the domestic remedy laid down in Article 56 of Law no. 254/2013, in accordance with Article 35 §§ 1 and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 16 April 2026.
Viktoriya Maradudina Anne Louise Bormann
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
14497/21
22/04/2021
Marius-Ninel BOTEZATU
1999
Buzău County Police Station; Focșani and Mărgineni Prisons
20/01/2020
pending
More than 6 year(s) and 23 day(s)
16482/21
28/06/2021
Mihai-Valentin PLETOSU-HALUNGESCU
2002
Bacău Prison
01/04/2020
pending
More than 5 year(s) and 10 month(s) and 11 day(s)
20964/21
12/05/2021
George DONCIU
1983
Poarta Albă and Rahova Prisons
24/07/2011 to
23/07/2012
1 year(s)
Poarta Albă, Rahova, Tulcea, Gherla and Giurgiu Prisons
24/12/2019
pending
More than 6 year(s) and 1 month(s) and 19 day(s)
21064/21
09/06/2021
Denes SZOCS
1972
Miercurea-Ciuc Prison
22/09/2020
pending
More than 5 year(s) and 4 month(s) and 21 day(s)
21373/21
31/05/2021
Dănuţ-Gabriel OLTEANU
1998
Focșani and Mărgineni Prisons
10/09/2020
pending
More than 5 year(s) and 5 month(s) and 2 day(s)
21393/21
19/05/2021
Claudiu-Răzvan TĂNASE
1974
Rahova, Miercurea-Ciuc, Arad, Giurgiu and Mioveni Prisons
01/01/2011
pending
More than 15 year(s) and 1 month(s) and 11 day(s)
21479/21
20/05/2021
Mihai BALINT
1948
Găești Prison
23/12/2019
pending
More than 6 year(s) and 1 month(s) and 20 day(s)
21668/21
18/05/2021
Pavel-Iulian APUŞCĂŞIŢEI
1988
Botoșani, Iași, Arad, Drobeta-Turnu Severin and Gherla Prisons
24/12/2019
pending
More than 6 year(s) and 1 month(s) and 19 day(s)
21805/21
09/06/2021
Ioan TODOR
1987
Gherla Prison
05/07/2020
pending
More than 5 year(s) and 7 month(s) and 7 day(s)
22716/21
19/08/2021
Remus ANGHILINA
1988
Aiud and Deva Prisons
06/11/2020
pending
More than 5 year(s) and 3 month(s) and 6 day(s)
24408/21
10/06/2021
Gheorghe LAZĂR
1983
Bacău, Oradea, Botoșani and Gherla Prisons
25/06/2020
pending
More than 5 year(s) and 7 month(s) and 18 day(s)
29050/21
08/09/2021
Constantin-Ovidiu BRAHUŢA
1988
Botoșani and Iași Prisons
15/07/2019
pending
More than 6 year(s) and 6 month(s) and 28 day(s)
29998/21
20/07/2021
Ştefan NANI
1981
Galați, Rahova, Poarta Albă and Tulcea Prisons
23/12/2019
pending
More than 6 year(s) and 1 month(s) and 20 day(s)
30913/21
02/06/2021
Iosif NAGY
1983
Cluj County Police Station, Gherla, Aiud, Arad and Oradea Prisons and Arad, Dej and Mioveni Prison Hospitals
28/10/2011
pending
More than 14 year(s) and 3 month(s) and 15 day(s)
34757/21
26/10/2021
Iancu MĂRAN
1977
Caraș-Severin County Police Station; Timișoara, Arad, Bucharest - Rahova, Aiud, Gherla and Oradea Prisons
01/10/2012
pending
More than 13 year(s) and 4 month(s) and 11 day(s)
35104/21
27/07/2021
Constantin ADAM
1976
Timișoara and Arad Prisons
14/09/2019
pending
More than 6 year(s) and 4 month(s) and 29 day(s)
35264/21
04/08/2021
Florin GIURCĂ
1970
Aiud, Arad and Deva Prisons
01/02/2018
pending
More than 8 year(s) and 11 day(s)
37561/21
20/08/2021
Florin-Violin FARCAȘ
1970
Gherla Prison, Bucharest Jilava Prison Hospital
12/03/2021
pending
More than 4 year(s) and 11 month(s)
40010/21
20/07/2021
Károly ORGOVAN
1973
Oradea, Arad and Gherla Prisons
13/05/2011
pending
More than 14 year(s) and 8 month(s) and 30 day(s)
41267/21
01/10/2021
Carmen-Cornel TUDOR
1975
Craiova and Craiova - Pelendava Prisons
15/11/2019
pending
More than 6 year(s) and 2 month(s) and 28 day(s)