FOURTH SECTION
DECISION
Application no. 17349/15
Jarosław JANKOWIAK
against Romania
The European Court of Human Rights (Fourth Section), sitting on 20 June 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 19 May 2015,
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 applicant, Mr Jarosław Jankowiak, is a Polish national who was born in 1979 and lives in Wroclaw, Poland. He was detained in Romania in Craiova, Rahova and Timişoara Prisons from 21 November 2012 to 17 November 2014.
The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”).
THE LAW
In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the inadequate conditions of detention that the applicant complained of.
In particular, the Court notes that the Government raised a preliminary objection of non-compliance with the six-month time-limit, claiming that the applicant’s complaints were lodged out of time.
The Court observes that the applicant’s complaints concern his detention in Craiova, Rahova and Timișoara Prisons, which ceased on 17 November 2014, when the applicant was transferred to other prison facilities in respect of which he did not raise any complaint.
Since the current application was lodged on 19 May 2015, the Court allows the Government’s objection and finds that the application was lodged outside the six-month time-limit and therefore must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 11 July 2019.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy