FOURTH SECTION
DECISION
Application no. 44311/16
Ciprian GAVRILĂ 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 their 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 complaints must be dismissed for failure to exhaust domestic remedies.
In the light of the foregoing, the Court considers that it is not necessary to examine the Government’s additional objections as to the admissibility of these applications and decides that the applicants’ complaints in respect of the period described in the appended table must be dismissed on the ground that domestic remedies had not been exhausted, pursuant to Article 35 §§ 1 and 4 of the Convention.Remaining complaints
In applications nos. 44311/16, 14609/17 and 7933/20, the applicants also raised additional complaints under Article 3 of the Convention related to the conditions of detention served during other periods.
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, 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.
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
44311/16
22/07/2016
Ciprian GAVRILĂ
1983
Mihai Lucian Pașca
Timisoara
Timișoara and Arad Prisons
24/05/2016 to 19/04/2022
5 year(s) and 10 month(s) and 27 day(s)
1660/17
25/01/2017
Gabriel OLTEANU
1978
Bucharest Police Station No. 19; Rahova, Giurgiu and Jilava Prisons
11/12/2009 to 25/06/2023
13 year(s) and 6 month(s) and 15 day(s)
14609/17
07/04/2017
Claudiu-Eugen BÁN
1982
Irina Maria Peter
Bucharest
Aiud and Deva Prisons
24/12/2019 to 07/03/2022
2 year(s) and 2 month(s) and 12 day(s)
18575/17
03/07/2017
Vasile CHIRIŢA
1965
Dâmbovița (Mărgineni), Botoșani and Găești Prisons
12/07/2019 to 30/03/2021
1 year(s) and 8 month(s) and 19 day(s)
59856/17
10/08/2017
Ioan LASCU
1959
Zalău County Police Station; Oradea, Jilava, Arad, Satu Mare Prisons Hospital
14/09/2009 to 16/02/2022
12 year(s) and 5 month(s) and 3 day(s)
72242/17
12/01/2018
Vasile FLORESCU
1952
Târgu Ocna and Poarta Albă Prison Hospitals and Bistrița, Tulcea, Rahova, Jilava, Mărgineni, Slobozia, Aiud, Galați and
Brăila Prisons
24/10/2016 to 18/10/2023
6 year(s) and 11 month(s) and 25 day(s)
7933/20
18/05/2020
Romeo-Gavril ROSTAŞ
1979
Gherla Prison
08/03/2018 to 01/04/2022
4 year(s) and 24 day(s)
29914/20
30/09/2020
Dan-Grigore DRAGOȘ
1971
Rahova, Gherla, and Arad Prison
14/12/2017 to 03/03/2022
4 year(s) and 2 month(s) and 18 day(s)
35307/20
21/09/2020
Gheorghe Dănuţ PAL
1978
Dâmbovița (Mărgineni) Prison
20/03/2020 to 27/04/2022
2 year(s) and 1 month(s) and 8 day(s)
49389/20
07/12/2020
Mihai-Ştefan ZSOLDOS
1990
Gherla and Bistrița Prisons; Dej and Jilava Prison Hospital
24/12/2019 to 19/09/2023
3 year(s) and 8 month(s) and 27 day(s)
52989/20
05/01/2021
Marinel HODOIU
1969
Gorj County Police Station; Craiova Prison
26/09/2011 to 23/07/2012
9 month(s) and 28 day(s)
Craiova and Arad Prisons
24/12/2019 to 26/07/2021
1 year(s) and 7 month(s) and 3 day(s)
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