FOURTH SECTION
DECISION
Application no. 2427/16
Ion MANOLACHE against Romania
and 5 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 13 June 2024 as a Committee composed of:
Branko Lubarda, President,
Anne Louise Bormann,
Sebastian Răduleţu, 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 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)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. By a subsequent letter, the Government expressly referred to 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, 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 conditions of detention for the applicants 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 4 July 2024.
{signature_p_2}
Viktoriya Maradudina Branko Lubarda
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
Facility
Start and end date
Duration
2427/16
25/02/2016
Ion MANOLACHE
1972
Vrancea County Police Station;
Focșani, Galați, Jilava and Giurgiu Prisons
04/09/2004 to
29/11/2022
18 year(s) and 2 month(s) and 26 day(s)
38650/16
01/08/2016
Iulian‑Petronel
COSTEA
1984
Iaşi Prison
24/12/2019 to
23/07/2022
3 year(s) and 2 month(s) and 18 day(s)
54485/16
03/02/2017
Ştefan VERGA
1961
Galaţi, Giurgiu and Rahova Prisons
04/11/2011 to
23/07/2012
8 month(s) and 20 day(s)
Târgu Ocna Prison Hospital
5 periods
between 27/11/2012 and 14/03/2017
2 month(s) and 2 day(s)
Arad Prison
14/01/2018 to
17/09/2021
3 year(s) and 8 month(s) and 4 day(s)
57033/16
17/10/2016
Nicolae PARASCHIV
1971
Craiova Prison
05/11/2008 to
23/07/2012
3 year(s) and 8 month(s) and 19 day(s)
Craiova‑Pelendava Prison
6 periods
between 24/12/2019 and 01/07/2021
1 year(s) and 1 month(s) and 21 day(s)
62801/16
21/12/2016
Cătălin Ioan
MARŞAVELA
1984
Braşov County Police Station; Codlea, Jilava, Gherla, Giurgiu,
Aiud, Mărgineni, Miercurea Ciuc and Târgu Mureş Prisons;
Dej, Rahova, Mioveni and Jilava Prison Hospitals
27/06/2003
03/02/2023
19 year(s) and 7 month(s) and 8 day(s)
43805/19
06/01/2020
Ionuţ IOAN
1985
Rahova, Codlea, Focşani and Botoşani Prisons
15/05/2019
11/02/2021
1 year(s) and 8 month(s) and 28 day(s)