FOURTH SECTION
DECISION
Application no. 40834/16
Gabriel-Ionuţ FRUNZĂ against Romania
and 10 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 23 November 2023 as a Committee composed of:
Faris Vehabović, President,
Anja Seibert-Fohr,
Anne Louise Bormann, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged 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 PROCEDURE
The 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 LAWJoinder of the applications
Having 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 the complaints about the inadequate conditions of their detention, as the action in tort had become an effective remedy for grievances similar to those of the applicants, allowing them to have the violation of the Convention acknowledged, either explicitly or in substance, and to receive adequate and sufficient compensation at domestic level. The Government expressly referred to Vlad v. Romania (dec.), no. 122/17, 15 November 2022, either directly in its observations or by a subsequent letter, and invited the Court to declare the cases inadmissible.
The Court recalls that in Polgar v. Romania, no. 39412/19, §§ 94-96, 20 July 2021, it held that an action in tort, based on Articles 1349 and 1357 of the Romanian Civil Code, as interpreted consistently by the national courts, had represented since 13 January 2021 an effective remedy for individuals who considered that they had been subjected to inadequate conditions of detention, and who were no longer being held in conditions that were allegedly contrary to the Convention. Subsequently, in Vlad, cited above, §§ 24-32, the Court considered it appropriate to apply an exception to the general principle that the effectiveness of a given remedy was to be assessed with reference to the date on which the application was lodged.
For all the above reasons and in the light of all the material in its possession, since the applicants ceased to be held in conditions of detention that were allegedly contrary to the Convention after the moment when the tort action had been considered as representing an effective remedy (see, mutatis mutandis, Polgar, § 96 and Vlad, § 23, both cited above; see the appended table for further details), but did not inform the Court of having brought such an action before the domestic courts, their applications must be dismissed for failure to exhaust domestic remedies.
The Government also argued that applications nos. 40834/16, 49556/16, 20093/17, 7661/19, 13217/19, 45032/19, 48845/19, 57262/19 and 7554/20 must be rejected in part as incompatible ratione personae with the provisions of the Convention, because the applicants lost their victim status as they had already benefitted from the remedy introduced by Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences.
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 question of incompatibility ratione personae with the provisions of the Convention.
In the light of the foregoing, the Court considers that these applications must be dismissed on the ground that domestic remedies had not been exhausted, pursuant to 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 14 December 2023.
Viktoriya Maradudina Faris Vehabović
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
40834/16
09/08/2016
Gabriel-Ionuţ FRUNZĂ
1987
Irina Maria Peter
Bucharest
Aiud and Deva (Bârcea Mare) Prisons
09/08/2012 to
19/01/2021
8 year(s) and 5 month(s) and 11 day(s)
49556/16
21/10/2016
Bobi HAGIU
1992
Rahova, Giurgiu, Arad, and Iași Prisons, Târgu Ocna and Dej Prison Hospitals
04/07/2012
30/12/2022
10 year(s) and 5 month(s) and 27 day(s)
2133/17
07/02/2017
Florin-Mircea DOREAȚĂ
1977
Jilava, Rahova, Giurgiu, Poarta Albă, Drobeta Turnu Severin, Bistrița and Târgu Jiu Prisons
20/10/1998 to
23/07/2012
13 year(s) and 9 month(s) and 4 day(s)
Jilava, Rahova, Giurgiu, Poarta Albă, Drobeta Turnu Severin, Bistrița and Târgu Jiu Prisons
18/09/2018 to
11/01/2023
4 year(s) and 3 month(s) and 25 day(s)
20093/17
07/03/2017
Remus-Florin OPRIȘ
1986
Vasile Rareş Biro
Satu Mare
Bihor County Police Station; Arad, Timișoara, Oradea and Satu Mare Prisons
21/04/2015 to
18/08/2021
6 year(s) and 3 month(s) and 29 day(s)
7661/19
01/07/2019
Ilie ALEXE
1970
Argeș County Police Station, Mioveni and Târgu-Jiu Prisons
25/08/2016 to
06/08/2021
4 year(s) and 11 month(s) and 13 day(s)
13217/19
22/04/2019
Ioan ŞULERU
1970
Iași County Police Station, Iași, Târgu -Mureș, Arad, Aiud, Timișoara, Găești Prisons, Târgu-Ocna and Dej Prison Hospitals
17/05/2009 to
27/09/2022
13 year(s) and 4 month(s) and 11 day(s)
45032/19
26/11/2019
Robert-Florentin VASILIU
1977
Vâlcea County Police Station, Mioveni Prison, Mioveni Prison Hospital, Târgu - Jiu Prison
07/03/2018 to
29/09/2022
4 year(s) and 6 month(s) and 23 day(s)
48845/19
14/10/2019
Cristinel-Ioan SAVIN
1969
Piatra-Neamț Police Station; Bacău and Dâmbovița (Mărgineni) Prisons
22/01/2019 to
04/11/2022
3 year(s) and 9 month(s) and 14 day(s)
57262/19
26/11/2019
Vasile-Călin GOGU
1975
Timișoara and Arad Prisons
25/08/2014 to
27/01/2021
6 year(s) and 5 month(s) and 3 day(s)
7554/20
06/04/2020
Fănel-Cristian DIACONESCU
1970
Dolj County Police Station. Craiova and Pelendava Prisons
01/01/2016 to
12/10/2021
5 year(s) and 9 month(s) and 12 day(s)
19043/20
21/09/2020
Ion MANEA
1976
Olt County Police Station
24/09/2015 to
16/12/2015
2 month(s) and 23 day(s)
Craiova and Târgu Jiu Prisons
24/12/2019 to
29/03/2023
3 year(s) and 3 month(s) and 7 day(s)
Full & Egal Universal Law Academy