Nicolae and Others v. Romania
Inadmissible
Berörda konventionsartiklar
FOURTH SECTION
Application no. 14835/22 Florian NICOLAE 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 applicant,
Having deliberated, decides as follows:
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”).
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 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 their complaints about the inadequate conditions of their detention, as the complaint with the judge responsible for supervising the deprivation of liberty ( plângerea în fața judecătorului de supraveghere a privării de libertate ), provided for by Article 56 of Law no. 254/2013, had become an effective remedy for grievances similar to those of the applicants.
The Court recalls that in Văscăuțanu v. Romania (dec.), no. 10120/23, §§ 47–59, 18 November 2025, it held that the remedy, which consists of lodging a complaint with the judge responsible for supervising the deprivation of liberty ( plângerea în fața judecătorului de supraveghere a privării de libertate ), provided for by Article 56 of Law no. 254/2013, constituted, as of 6 April 2023, an effective remedy enabling individuals who allege that they are being held in inadequate conditions of detention to put an end to their situation that they denounced as being contrary to Article 3 of the Convention.
In light of all the material in its possession, the Court observes that the applicants, who allege that they are being held in inadequate conditions of detention, did not indicate that they pursued the available remedy before the domestic courts (see Văscăuțanu , cited above, § 65). Therefore, their applications must be dismissed for failure to exhaust domestic remedies.
The Government also invoked other grounds of inadmissibility to argue that the present applications must be rejected.
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 other arguments raised by the Government.
In view of the above, the Court finds that the applicants’ complaints concerning the periods set out in the appended table must be rejected for failure to exhaust the domestic remedy laid down in Article 56 of Law no. 254/2013, in accordance with 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
14835/22
25/11/2022
Florian NICOLAE
1987
Poarta Albă and Slobozia Prisons
10/07/2022
pending
More than 3 year(s) and 7 month(s) and 7 day(s)
16126/22
16/03/2022
Ioan PALANCEANU
1977
Brașov County Police Station, Coldea and Gherla Prisons
06/10/2021
pending
More than 4 year(s) and 4 month(s) and 11 day(s)
16664/22
23/03/2022
Dumitru NOVACOVICI
1973
Timișoara Prison
16/05/2021
pending
More than 4 year(s) and 9 month(s) and 1 day(s)
18271/22
17/05/2022
Marius-Silviu MORARU
1981
Rahova Prison, Jilava Prison
06/07/2020
pending
More than 5 year(s) and 7 month(s) and 11 day(s)
19726/22
06/06/2022
Ștefan SZABO
1953
Oradea County Police Station; Oradea Prison
25/03/2016
pending
More than 9 year(s) and 10 month(s) and 23 day(s)
21543/22
27/05/2022
György GÁZSMÉR
1980
Iași, Miercurea Ciuc, Aiud, Arad and Codlea Prisons
10/05/2014
pending
More than 11 year(s) and 9 month(s) and 7 day(s)
22434/22
14/06/2022
George VASILE
1976
Arad and Poarta Albă Prisons
22/01/2021
pending
More than 5 year(s) and 26 day(s)
23310/22
23/12/2022
Bogdan-Florin GAVRELIUC-LUMEI
1991
Drobeta-Turnu Severin, Gherla and Baia Mare Prisons
01/03/2021
pending
More than 4 year(s) and 11 month(s) and 16 day(s)
24092/22
04/05/2022
Ciprian CLIMESCU
1976
Codlea, Miercurea-Ciuc, Gherla, Aiud and Baia Mare Prisons
23/12/2019
pending
More than 6 year(s) and 1 month(s) and 25 day(s)
24752/22
06/06/2022
Florinel BECHEANU
1986
Bucharest Police Station No. 13; Bucharest Police Station No. 16; Rahova, Jilava, Mioveni and Giurgiu Prisons
26/08/2020
pending
More than 5 year(s) and 5 month(s) and 24 day(s)
26402/22
07/11/2022
Ioan PĂDUREAN
1973
Aiud Prison
12/04/2021
pending
More than 4 year(s) and 10 month(s) and 7 day(s)
26654/22
18/07/2022
Arpád MAJLÁTH
1975
Miercurea-Ciuc, Aiud, Arad, Ploiești, Codlea, Timișoara, Rahova, Mărgineni Prisons; Dej and Jilava Prison Hospitals
14/04/2010
pending
More than 15 year(s) and 10 month(s) and 5 day(s)
26655/22
01/07/2022
Florin BRACĂU
1986
Arad, Ploiești and Timișoara Prisons
16/05/2016
pending
More than 9 year(s) and 9 month(s) and 3 day(s)
27083/22
23/08/2022
Constantin CURT
1989
Jilava, Rahova and Giurgiu Prisons
26/07/2016
pending
More than 9 year(s) and 6 month(s) and 24 day(s)
27501/22
20/07/2022
Nicolae-Marian VLAD
1999
Rahova, Giurgiu and Gherla Prisons
01/07/2020
pending
More than 5 year(s) and 7 month(s) and 18 day(s)
28847/22
04/10/2022
Adrian-Marian AVRAM
2000
Craiova, Bacău and Arad Prisons
28/01/2019
pending
More than 7 year(s) and 22 day(s)
30159/22
08/08/2022
Dorinela BORCAN
1970
De Luca Daniele
Napoli
Mioveni Prison Hospital; Craiova and Ploiești Prisons
30/09/2020
pending
More than 5 year(s) and 4 month(s) and 21 day(s)
30397/22
12/09/2022
Ionel Daniel LIPTAK
1974
Arad, Rahova, Giurgiu and Timișoara Prisons
26/01/2009
pending
More than 17 year(s) and 25 day(s)
31694/22
24/11/2022
Gheorghe-Cătălin APOSTOL
1999
Craiova Youth Detention Center (Bariera Vâlcii), Mioveni and Arad Prisons
13/01/2016
pending
More than 10 year(s) and 1 month(s) and 7 day(s)
32099/22
18/07/2022
Vasile ŞOICA
1976
Mărgineni, Rahova and Giurgiu Prisons
16/09/2020
pending
More than 5 year(s) and 5 month(s) and 4 day(s)