Szemkovics and Others v. Romania

FOURTH SECTION

Application no. 17852/16 Aristotel SZEMKOVICS against Romania and 18 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 15 February 2024 as a Committee composed of:

Anja Seibert-Fohr , 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 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

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 about 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. Therefore, they 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 v. Romania (dec.) , no. 122/17, 15 November 2022, §§ 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.

Since the Court has already upheld the Government’s objection on the non-exhaustion of domestic remedies, it does not consider it necessary to examine further another objection from the Government raised in respect of some applications related to 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 14 March 2024.

{signature_p_2}

Viktoriya Maradudina Anja Seibert-Fohr 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

17852/16

04/05/2016

Aristotel

SZEMKOVICS

1958

Jilava, Rahova, Poarta Albă, Aiud and Giurgiu Prisons

17/03/1999 to

23/07/2012

13 year(s) and 4 month(s) and 7 day(s)

Giurgiu, Jilava, Rahova and Poarta Albă Prisons

24/12/2019 to

28/11/2022

2 year(s) and 11 month(s) and 5 day(s)

17901/16

03/05/2016

Viorel

LUSCA

1967

Aiud and Miercurea-Ciuc Prisons

30/03/2005 to

23/07/2012

7 year(s) and 3 month(s) and 24 day(s)

Aiud Prison

24/12/2019 to

20/07/2022

2 year(s) and 6 month(s) and 27 day(s)

27817/16

04/08/2016

Cristian ‑ Florin

CIOBANU

1978

Arad Prison

24/12/2019 to

30/06/2022

2 year(s) and 6 month(s) and 7 day(s)

28379/16

10/08/2016

Ionel

MIHALCEA

1966

Bacău, Focșani, Gherla, Brăila, Arad, Rahova, Găești, Botoșani, Iași and Galați Prisons

08/08/2014 to

21/07/2023

3 year(s) and 6 month(s) and 28 day(s)

33496/16

14/10/2016

Ovidiu

RĂCHITĂ

1978

Arad County Police Station; Bucharest General Police Inspectorate, Aiud, Giurgiu, Rahova, Arad and Timișoara Prisons; Jilava Hospital Prison

01/04/2009 to

17/12/2023

14 year(s) and 8 month(s) and 17 day(s)

33945/16

18/07/2016

Marius

BOȚA

1966

Craiova Prison

16/06/2011 to

23/07/2012

1 year(s) and 1 month(s) and 8 day(s)

Craiova Prison

24/12/2019 to

10/11/2021

1 year(s) and 10 month(s) and 18 day(s)

34351/16

19/07/2016

Oane ‑ Daniel

PEŢA

1979

Craiova, Drobeta-Turnu Severin, Aiud, Târgu Jiu and Mioveni Prisons

23/12/2019 to

21/05/2022

2 year(s) and 4 month(s) and 29 day(s)

36020/16

19/07/2016

Mihai

ANGHELACHE

1974

Mărgineni Prison

02/11/2009 to

23/07/2012

2 year(s) and 8 month(s) and 22 day(s)

Mărgineni Prison

24/12/2019 to

09/05/2022

2 year(s) and 4 month(s) and 16 day(s)

68858/16

13/02/2017

Nicolae ‑ Florin

POSTELNICU

1983

Giurgiu County Police Station; Giurgiu, Jilava and Craiova Prisons; Jilava, Dej and Mioveni (Colibași) Prison Hospitals

30/03/2002 to

19/02/2023

20 year(s) and 10 month(s) and 21 day(s)

9496/18

29/03/2018

Iulian

ŢIGĂNILĂ

1963

Argeș and Dolj County Police Stations, Bucharest General Police Inspectorate; Mioveni, Craiova, Arad, Rahova and Giurgiu Prisons

10/09/2000 to

23/07/2012

11 year(s) and 10 month(s) and 14 day(s)

Arad Prison

01/02/2013 to

01/09/2018

5 year(s) and 7 month(s) and 1 day(s)

Mioveni Prison

24/12/2019 to

01/06/2021

1 year(s) and 5 month(s) and 9 day(s)

26238/18

14/05/2018

Vasile ‑ Adrian

FANEA

1977

Nicoleta

Trif

Arad

Sibiu County Police Station; Aiud, Rahova, Deva and Timişoara Prisons

08/09/2007 to

23/07/2012

4 year(s) and 10 month(s) and 16 day(s)

Aiud and Deva Prisons

23/12/2019 to

23/03/2022

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

9408/19

12/03/2019

Mihai

AGÎŢEI-ARHIP

1976

Bacău County Police Station; Bacău, Iaşi, Galaţi and Vaslui Prisons

27/09/2016 to

16/08/2022

5 year(s) and 10 month(s) and 21 day(s)

59761/19

14/02/2020

Sava

MOLDOVAN

1977

Cezara ‑ Maria

Nichita ‑ Costescu

Timișoara

Satu Mare and Timişoara Prisons

22/08/2019 to

27/01/2022

2 year(s) and 5 month(s) and 6 day(s)

6094/20

11/03/2020

Hristodor

MUNTEANU

1971

Vaslui County Police Station

21/05/2012 to

23/07/2012

2 month(s) and 3 day(s)

Iași and Arad Prison

23/12/2019 to

30/03/2023

3 year(s) and 3 month(s) and 8 day(s)

11111/20

17/08/2020

Augustin

PANCZI

1977

Arad Prison

24/07/2006 to

16/10/2018

12 year(s) and 2 month(s) and 23 day(s)

Arad, Deva and Timișoara Prisons

23/12/2019 to

22/11/2023

3 year(s) and 11 month(s)

29202/20

18/08/2020

Ionuţ ‑ Cătălin

COSTEA

1985

Craiova and Drobeta-Turnu Severin Prisons

12/12/2019 to

11/08/2021

1 year(s) and 8 month(s)

35306/20

27/08/2020

Jenică

VACARIU

1958

Rahova and Gherla Prisons

23/12/2019 to

20/01/2022

2 year(s) and 29 day(s)

12350/21

20/05/2021

Petrică

OPREA

1983

Irina Maria

Peter

Bucharest

Giurgiu County Police Station; Mioveni Prison; Jilava Prison Hospital

23/12/2019 to

06/06/2021

1 year(s) and 5 month(s) and 15 day(s)

25567/21

26/06/2021

Ionică ‑ Mădălin

GROSU

1990

Caraș-Severin County Police Station; Timișoara, Rahova,

Craiova and Arad Prisons

03/09/2010 to

15/06/2022

11 year(s) and 9 month(s) and 13 day(s)