FOURTH SECTION
DECISION
Application no. 64330/16
Dorel MANAFU against Romania
and 2 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 31 August 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 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 an action in tort was 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 the domestic level. By a subsequent letter, the Government expressly referred to Polgar v. Romania (no. 39412/19, 20 July 2021) and Vlad v. Romania ((dec.), no. 122/17, 15 November 2022), and invited the Court to declare the cases inadmissible.
The Court recalls that in Polgar v. Romania (cited above, §§ 94-96) 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, when they lodged their action, held in conditions that were allegedly contrary to the Convention.
Subsequently, in Vlad v. Romania (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.
Although invited, the applicants did not inform the Court of having brought an action in tort before the Romanian courts. Therefore, in the light of all the material in its possession, since the applicants were no longer in detention conditions 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 for further details the appended table), the Courts considers that their applications must be rejected for failure to exhaust domestic remedies, 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 21 September 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
64330/16
28/11/2016
Dorel MANAFU
1970
Olt County Police, Craiova, Colibași, Iași, Jilava and Poarta Albă Prisons and Jilava, Rahova, Colibași and Poarta Albă Prison Hospitals
04/08/2003 to
02/04/2012
8 year(s) and 7 month(s) and 30 day(s)
Mioveni Prison Hospital and Mioveni Prison
24/07/2012 to
04/09/2012
1 month(s) and 12 day(s)
Rahova Prison Hospital
24/09/2012 to
04/10/2012
11 day(s)
Arad and Pelendava Prisons
22/12/2016 to
17/04/2022
5 year(s) and 3 month(s) and 27 day(s)
79679/16
15/12/2016
Ionuţ PURCEL
1976
Ionela Mărgărit
Bucharest
Bacău, Galați and Arad Prisons
13/10/2003 to
23/07/2012
8 year(s) and 9 month(s) and 11 day(s)
Brăila Prison
24/12/2019 to
08/06/2021
1 year(s) and 5 month(s) and 16 day(s)
7344/17
06/02/2017
Dorel UDREA
1966
Craiova, Jilava, Gherla, Iasi and Mioveni Prisons, Jilava Hospital Prison
05/05/2001 to
24/07/2012
11 year(s) and 2 month(s) and 20 day(s)
Drobeta Turnu Severin Prison
24/12/2019 to
13/01/2021
1 year(s) and 21 day(s)