FOURTH SECTION
DECISION
Application no. 20488/17
Florin VLAD against Romania
and 19 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 in 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. 20659/21, 21664/21, 27604/21, 31313/21, 35864/21, 39967/21, 40416/21, 42835/21, 51571/21, 53673/21, 61184/21, 33/22 and 1099/22 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
20488/17
13/04/2017
Florin VLAD
1987
Bucharest County Police Station No. 5; Jilava Prison Hospital; Rahova, Giurgiu, Tulcea and Constanța Poarta Albă Prisons
15/12/2008 to
23/07/2012
3 year(s) and 7 month(s) and 9 day(s)
Rahova, Giurgiu, Tulcea and Constanța Poarta Albă Prisons
23/12/2019 to
13/04/2025
5 year(s) and 3 month(s) and 22 day(s)
12934/21
29/03/2021
Gigel BARBU
1972
Giurgiu and Satu Mare Prisons
04/02/2021 to
04/06/2024
3 year(s) and 4 month(s) and 1 day(s)
20659/21
16/08/2021
Marcel MARCU
1990
Iași Police Arrest; Bacău, Iași, Bucharest-Rahova, Botoșani, Vaslui, Arad, Aiud Prisons; Bucharest-Rahova Hospital
01/03/2010 to
12/10/2025
15 year(s) and 7 month(s) and 12 day(s)
21664/21
04/06/2021
Nicolae-Ionuţ NEAGU
1996
Codlea, Miercurea Ciuc and Aiud Prisons
28/04/2019 to
21/06/2025
6 year(s) and 1 month(s) and 25 day(s)
27604/21
19/07/2021
Ionel ZAMFIRACHE
1973
Bistrița, Iași and Craiova Prisons
14/01/2019 to
11/02/2025
6 year(s) and 29 day(s)
31313/21
06/12/2021
György BODÓ
1984
Miercurea-Ciuc, Codlea, Poarta Albă, Gherla, Aiud and Oradea Prisons
06/12/2017 to
14/01/2026
8 year(s) and 1 month(s) and 9 day(s)
35009/21
29/07/2021
Mihai-Gabriel POPA
1983
Iași, Botoșani, Brăila and Giurgiu Prisons
20/12/2019 to
13/06/2023
3 year(s) and 5 month(s) and 25 day(s)
35864/21
30/06/2021
Florin MOLDOVAN
1974
Dej Prison Hospital; Bistrița, Târgu-Mureș, Aiud, Deva, Gherla, Bistrița, Colibași Prisons
09/09/2014 to
13/06/2024
9 year(s) and 9 month(s) and 5 day(s)
39967/21
07/04/2022
Dan PERJU
1961
Găești,Tulcea and Focșani Prisons
16/04/2018 to
30/07/2024
6 year(s) and 3 month(s) and 15 day(s)
40416/21
18/01/2022
Domițian DRAGOTĂ
1985
Bistrița-Năsăud County Police Station; Bistrița, Gherla and Bucharest-Jilava Prisons; Bucharest-Jilava and Dej Prison Hospitals
21/08/2015 to
05/12/2023
8 year(s) and 3 month(s) and 15 day(s)
42285/21
06/08/2021
Ermin Ionuț VASILE
1978
Mioveni Prison and Bucharest-Rahova Prison Hospital
09/02/2021 to
17/08/2022
1 year(s) and 6 month(s) and 9 day(s)
42835/21
11/10/2021
Alin-Petru GRUMEZA
1991
Botoșani County Police Station; Botoșani, Galați, Giurgiu Prisons; Târgu Ocna Prison Hospital
20/03/2019 to
05/02/2022
2 year(s) and 10 month(s) and 17 day(s)
44888/21
07/12/2021
Sorin-Mihai FERARU
1989
Iași County Police Station; Iași, Botoșani, Tulcea and Găești Prisons
23/12/2019 to
05/06/2025
5 year(s) and 5 month(s) and 14 day(s)
51571/21
18/11/2021
Rareș-Viorel CARAMAN
1997
Codlea and Aiud Prisons; Dej Prison Hospital
14/06/2019 to
03/08/2023
4 year(s) and 1 month(s) and 21 day(s)
53673/21
20/01/2022
Bogdan MIHALCEA
1983
Brăila, Galați and Rahova Prisons
27/09/2019 to
11/09/2023
3 year(s) and 11 month(s) and 16 day(s)
61184/21
10/02/2022
Ion FLOREA
1981
Rahova, Jilava and Ploiești Prisons
26/09/2019 to
17/09/2025
5 year(s) and 11 month(s) and 23 day(s)
33/22
12/09/2022
Gheorghe MIHAI
1985
Olt County Police Station; Craiova, Pelendava, Târgu Jiu and Drobeta-Turnu Severin Prisons
05/11/2019 to
04/11/2024
5 year(s)
446/22
25/01/2022
Marian-Cristian GHEORGHE
1998
Bucharest-Rahova Prison; Bucharest-Jilava and Târgu Ocna Prison Hospitals
30/09/2020 to
18/11/2025
5 year(s) and 1 month(s) and 20 day(s)
1099/22
28/01/2022
Ion CAUC
1958
Craiova, Mioveni, Bucharest-Jilava, Giurgiu, Bucharest-Rahova, Arad, Drobeta-Turnu Severin, Craiova-Pelendava and Târgu Jiu Prisons and Dej Prison Hospital
25/10/2007 to
17/10/2024
16 year(s) and 11 month(s) and 23 day(s)
1851/22
08/03/2022
Ionel BĂDĂNOIU
1987
Negreanu Ion Romeo
Craiova
Craiova-Pelendava Prison
18/01/2020 to
29/02/2024
4 year(s) and 1 month(s) and 12 day(s)