FOURTH SECTION
DECISION
Application no. 8555/22
Ovidiu-Gabriel ŢARCĂ against Romania
and 18 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 26 March 2026 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 against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) 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 PROCEDUREThe 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, 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 applications must be dismissed for failure to exhaust domestic remedies.
The Government also argued that applications nos. 22272/22, 27742/22, 34435/22, 39364/22 and 51412/22 must be rejected in part as incompatible ratione personae with the provisions of the Convention, because the applicants lost their victim status as they had already benefitted from the remedy introduced by Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences.
Since it has already upheld the Government’s objection on the non‑exhaustion of domestic remedies, the Court does not consider it necessary to examine further the question of incompatibility ratione personae with the provisions of the Convention.
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 16 April 2026.
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
8555/22
03/03/2022
Ovidiu-Gabriel ŢARCĂ
1986
Iași, Botoșani and Vaslui Prisons
18/11/2021 to 17/08/2023
1 year(s) and 9 month(s)
12312/22
23/03/2022
Ionuţ HURJUI
1997
Tichilești Police Station, Vaslui, Focșani, Tulcea and Giurgiu Prisons
19/12/2019 to 05/06/2022
2 year(s) and 5 month(s) and 18 day(s)
12714/22
03/01/2023
Alin-Costel LINGURAR
1995
Gherla and Bistrița Prisons
23/12/2019 to 18/04/2025
5 year(s) and 3 month(s) and 27 day(s)
22272/22
21/04/2022
Grigore BOTA
1958
Baia Mare County Police Station, Baia Mare, Aiud, Gherla, Arad, Bucharest-Jilava and Craiova Prisons
23/08/2000 to 05/04/2024
23 year(s) and 7 month(s) and 14 day(s)
25150/22
10/05/2022
Cristian-Daniel COSTEA
1979
Doseanu Răzvan-Viorel
Oradea
Arad and Timișoara Prisons
15/03/2021 to 28/03/2023
2 year(s) and 14 day(s)
27392/22
23/05/2022
Iulian DINCĂ
1983
Craiova, Bucharest Jilava and Târgu-Jiu prisons
26/09/2021 to 23/09/2025
3 year(s) and 11 month(s) and 29 day(s)
27742/22
23/05/2022
Constantin PRISACARIU
1980
Botoşani, Mărgineni and Iaşi Prisons; Târgu Ocna and Bucharest-Jilava Prison Hospitals
05/06/2019 to 29/04/2025
5 year(s) and 10 month(s) and 25 day(s)
29305/22
31/05/2022
Tibor DEÁK
1977
Miercurea Ciuc, Găești and Arad Prisons and Bucharest-Jilava Prison Hospital
07/09/2021 to 09/01/2025
3 year(s) and 4 month(s) and 3 day(s)
30379/22
01/09/2022
Paul GOCICA
1972
Bucharest Bucharest Rahova Prison, Bucharest Jilava Prison, Satu Mare prison, Slobozia prison, Baia Mare prison, Găești prison
22/09/2021 to 28/10/2023
2 year(s) and 1 month(s) and 7 day(s)
34435/22
05/08/2022
Marian-Cătălin ZĂRNESCU
1982
Zărnescu Ioan-Marian
Râșnov
Codlea and Aiud Prisons
07/08/2019 to 09/02/2025
5 year(s) and 6 month(s) and 3 day(s)
35916/22
16/08/2022
Costache NICA
1956
Giurgiu and Galați Prisons
14/10/2020 to 10/03/2025
4 year(s) and 4 month(s) and 25 day(s)
36007/22
11/08/2022
Petrişor STAICU
1996
Craiova and Târgu Jiu Prisons
01/09/2020 to 13/08/2025
4 year(s) and 11 month(s) and 13 day(s)
36009/22
30/09/2022
Iosif PINCZES
1979
Gherla and Baia-Mare Prison
14/10/2020 to 23/09/2025
4 year(s) and 11 month(s) and 10 day(s)
39302/22
10/10/2022
Daniel-Adrian STOICA
1983
Arad, Ploiesti and Timisoara Prisons, Bucharest-Jilava Prison Hospital
13/02/2020 to 25/04/2024
4 year(s) and 2 month(s) and 13 day(s)
39364/22
12/12/2022
Petrişor RUDAC
1966
Iași, Bucharest-Rahova, Mărgineni, Gherla, Vaslui and Botoșani Prisons; Mioveni, Bucharest-Jilava and Bucharest-Rahova Prison-Hospitals
02/12/2019 to 07/10/2025
5 year(s) and 10 month(s) and 6 day(s)
51412/22
06/12/2022
Cristian DUMITRU
1985
Constanța-Poarta Albă, Bucharest-Rahova, Slobozia, Tulcea and Deva Prisons
02/07/2018 to 14/03/2023
4 year(s) and 8 month(s) and 13 day(s)
51436/22
12/12/2022
Dănuț BLIDARIU
1977
Bucharest Rahova Prison, Bucharest Jilava Prison, Drobeta Turnu Severin Prison, Timisoara Prison, Mărgineni Prison, Giurgiu Prison, Tulcea Prison
23/05/2014 to 05/08/2025
11 year(s) and 2 month(s) and 14 day(s)
55314/22
21/11/2022
Ionuţ AVRAM
1983
Brăila and Tulcea Prisons
01/12/2019 to 06/05/2025
5 year(s) and 5 month(s) and 6 day(s)
30261/23
05/12/2023
Vasile MARTOCEAN
1976
Gherla, Bistrița and Baia Mare Prisons
01/04/2022 to 04/09/2025
3 year(s) and 5 month(s) and 4 day(s)