FOURTH SECTION
DECISION
Application no. 25951/20
Constantin GHEORGHIU against Romania
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 13 March 2025 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 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 applicant,
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 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 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, in its observations, 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.
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 3 April 2025.
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
Representative’s name and location
Facility
Start and end date
Duration
25951/20
04/08/2020
Constantin GHEORGHIU
1979
Poarta Albă and Slobozia Prisons
16/01/2020 to
06/02/2024
4 year(s) and 22 day(s)
35437/20
01/08/2020
Ekrem TURHAN
1965
Irina Maria Peter
Bucharest
Jilava Prison
14/01/2022 to
20/03/2023
1 year(s) and 2 month(s) and 7 day(s)
46929/20
16/03/2021
Dănuţ BOLOCAN
1986
Focșani Prison
13/09/2022 to
23/10/2023
1 year(s) and 1 month(s) and 11 day(s)
53950/20
07/06/2021
Zoltan GŐRCSI
1964
Baia Mare and Gherla Prisons
09/06/2020 to
21/05/2024
3 year(s) and 11 month(s) and 13 day(s)
8469/21
26/01/2021
Ana BELCIUG
1961
Belciug Ana-Alina
Piatra Neamt
Bacău and Gherla Prisons
30/07/2020 to
23/06/2021
10 month(s) and 25 day(s)
10807/21
26/03/2021
Ovidiu OLARIU
1967
Botoșani, Mărgineni Prisons
02/12/2020 to
21/06/2022
1 year(s) and 6 month(s) and 20 day(s)
28723/21
05/07/2021
Florin-Nicuşor GHEORGHE
1978
Galați, Brăila, Vaslui and Tulcea (including Chilia Veche) Prisons
01/01/2010 to
23/07/2012
and
24/12/2019 to
29/09/2023
6 year(s) and 3 month(s) and 29 day(s)
32781/21
27/07/2021
Liviuţ BOGDAN
1987
Arad and Timișoara Prisons
27/05/2020 to
10/05/2023
2 year(s) and 11 month(s) and 14 day(s)
43696/21
19/10/2021
Zoltán-Róbert KOZÁK
1986
Aiud, Oradea and Arad Prisons
10/03/2020 to
12/06/2024
4 year(s) and 3 month(s) and 3 day(s)
45867/21
11/10/2021
Gianfranco CHERT
1976
Deva, Timișoara and Arad Prisons
16/03/2021 to
22/08/2023
2 year(s) and 5 month(s) and 7 day(s)