Rusu v. Romania

FOURTH SECTION

Application no. 58137/15 Vasile RUSU against Romania

The European Court of Human Rights (Fourth Section), sitting on 27 April 2017 as a Committee composed of:

Vincent A. De Gaetano, President, Egidijus Kūris, Gabriele Kucsko-Stadlmayer, judges,

and Karen Reid, Section Registrar,

Having regard to the above application lodged on the date indicated in the appended table,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The relevant details of the application are set out in the appended table.

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

Complaints under Article 3 of the Convention

In the present application, having examined all the material before it, the Court must first determine whether the applicant complied with Article 35 of the Convention, and specifically with the six-month time-limit established by Article 35 § 1 of the Convention.

In particular, the Court notes that the applicant is complaining about inadequate conditions of detention in which he had served the sentence until 24 January 2014. The complaints were lodged with the Court on 8 January 2016.

In view of the above, the Court finds that these complaints are inadmissible for non-compliance with the six-month rule set out in Article 35 § 1 of the Convention and must be rejected in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 18 May 2017.

Karen Reid Vincent A. De Gaetano Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention (inadequate conditions of detention)

No.

Application no.

Date of introduction

Applicant name

Date of birth

Facility

Start and end date

Duration

Sq. m. per inmate

Specific grievances

58137/15

08/01/2016

Vasile Rusu

16/07/1991

Bacău Police Inspectorate

17/03/2012 to

17/04/2012

0 year(s) and 2 month(s)

Bacău Penitentiary

17/04/2012 to

10/10/2012

0 year(s) and 6 month(s)

Iaşi Penitentiary

10/10/2012 to

24/01/2014

1 year(s) and 3 month(s) and 15 day(s)

2.4 m²

1.3 m²

1.3 m²

overcrowding, lack of furniture

overcrowding, insalubrious cell, infestation of the cell with insects, poor quality of food, insufficient sanitary facilities

overcrowding, insufficient sanitary facilities, insufficient light, infestation of the cell with insects and rats