Bălan and Others v. Romania

FOURTH SECTION

Application no. 12769/20 Marian BĂLAN against Romania and 19 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 9 April 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 complaints in that regard 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 any additional 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.

Some applicants also raised other complaints under various Articles of the Convention.

The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the applications must be rejected in accordance with Article 35 § 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 13 May 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

Facility

Start and end date

Duration

12769/20

07/04/2020

Marian BĂLAN

1990

Craiova and Drobeta Turnu-Severin Prisons

19/12/2019

pending

More than 6 year(s) and 2 month(s) and 6 day(s)

17680/21

11/03/2021

Tiberiu AGAFIŢEI

1987

Rahova and Iaşi Prisons

09/12/2019

pending

More than 6 year(s) and 2 month(s) and 16 day(s)

19731/21

26/07/2021

Marian-Radu PALĂU

1988

Zalău and Satu Mare Police Stations; Gherla, Baia Mare and Oradea Prisons

05/10/2018

pending

More than 7 year(s) and 4 month(s) and 20 day(s)

38137/21

22/12/2021

Ciprian-Florin COŞCODAR

1982

Bucharest-Rahova, Miercurea Ciuc, Arad and Aiud Prisons; Jilava and Dej Prison Hospitals

05/02/2019

pending

More than 7 year(s) and 20 day(s)

46889/21

15/11/2021

Constantin CĂLUŞERU

1950

Găești Prison

22/12/2019

pending

More than 6 year(s) and 2 month(s) and 3 day(s)

52111/21

09/05/2022

Lazăr ROSTAŞ

1986

Gherla Prison; Bucharest and Constanța - Poarta Albă Prison Hospitals

07/01/2019

pending

More than 7 year(s) and 1 month(s) and 18 day(s)

52699/21

19/11/2021

Ion-Florin LUCA

1985

Aiud, Craiova and Mioveni Prisons

19/03/2021

pending

More than 4 year(s) and 11 month(s) and 6 day(s)

53648/21

02/12/2021

Ionel PISICĂ

1990

Constanța - Poarta Albă Prison

23/12/2019

pending

More than 6 year(s) and 2 month(s) and 2 day(s)

53685/21

05/01/2022

Ovidiu-Daniel FERARU

1984

Iași, Giurgiu Prisons

20/12/2019

pending

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

53692/21

17/02/2022

Paul DOBOCAN

1993

Gherla, Oradea, Baia Mare, Bistrița, Aiud and Satu Mare Prisons

12/01/2020

pending

More than 6 year(s) and 1 month(s) and 13 day(s)

54015/21

15/03/2022

Gheorghe GHERASIM

1975

Iași Prison

23/12/2019

pending

More than 6 year(s) and 2 month(s) and 2 day(s)

55066/21

28/12/2021

Alin-Marian ZAHARIA

1982

Bacău, Arad and Botoșani Prisons

23/12/2019

pending

More than 6 year(s) and 2 month(s) and 2 day(s)

55072/21

31/12/2021

Ionel PANAIT

1976

Galați and Brăila Prisons

23/12/2019

pending

More than 6 year(s) and 2 month(s) and 2 day(s)

56461/21

30/03/2022

Lajos VERES

1968

Oradea and Timișoara Prisons

19/12/2019

pending

More than 6 year(s) and 2 month(s) and 6 day(s)

61090/21

02/02/2022

Tamas PETER-ZŐRGŐ

1986

Satu Mare and Oradea Prisons

01/12/2019

Pending

More than 6 year(s) and 2 month(s) and 24 day(s)

61474/21

20/01/2022

Ion LAZĂR

1962

Botoșani, Bucharest - Rahova, Giurgiu, Constanța - Poarta Albă, Arad and Tulcea Prisons

07/11/2006

Pending

More than 19 year(s) and 3 month(s) and 18 day(s)

61795/21

25/01/2022

Teodor-Ciprian ROMAN

1983

Gherla, Giurgiu, Arad and Iași Prisons

23/12/2019

pending

More than 6 year(s) and 2 month(s) and 2 day(s)

752/22

04/02/2022

Vasile COMAN

1983

Bucharest Central Arrest, Bucharest Police detention facility no. 9, Giurgiu Prison

01/10/2021

pending

More than 4 year(s) and 4 month(s) and 24 day(s)

7112/22

08/03/2022

Dorel GUREŞOIU

1970

Bucharest - Jilava Prison

23/12/2019

pending

More than 6 year(s) and 2 month(s) and 2 day(s)

10200/22

18/05/2022

Ioan DRĂGĂNEL

1972

Arad and Oradea Prisons

20/04/2023

pending

More than 2 year(s) and 10 month(s) and 5 day(s)