Frunză and Others v. Romania

FOURTH SECTION

Application no. 40834/16 Gabriel-Ionuţ FRUNZĂ against Romania and 10 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 23 November 2023 as a Committee composed of:

Faris Vehabović , President , Anja Seibert-Fohr, Anne Louise Bormann , 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 applicants,

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 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 its observations or by 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. 40834/16, 49556/16, 20093/17, 7661/19, 13217/19, 45032/19, 48845/19, 57262/19 and 7554/20 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 14 December 2023.

Viktoriya Maradudina Faris Vehabović 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

40834/16

09/08/2016

Gabriel-Ionuţ FRUNZĂ

1987

Irina Maria Peter

Bucharest

Aiud and Deva (Bârcea Mare) Prisons

09/08/2012 to

19/01/2021

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

49556/16

21/10/2016

Bobi HAGIU

1992

Rahova, Giurgiu, Arad, and Iași Prisons, Târgu Ocna and Dej Prison Hospitals

04/07/2012

30/12/2022

10 year(s) and 5 month(s) and 27 day(s)

2133/17

07/02/2017

Florin-Mircea DOREAȚĂ

1977

Jilava, Rahova, Giurgiu, Poarta Albă, Drobeta Turnu Severin, Bistrița and Târgu Jiu Prisons

20/10/1998 to

23/07/2012

13 year(s) and 9 month(s) and 4 day(s)

Jilava, Rahova, Giurgiu, Poarta Albă, Drobeta Turnu Severin, Bistrița and Târgu Jiu Prisons

18/09/2018 to

11/01/2023

4 year(s) and 3 month(s) and 25 day(s)

20093/17

07/03/2017

Remus-Florin OPRIȘ

1986

Vasile Rareş Biro

Satu Mare

Bihor County Police Station; Arad, Timișoara, Oradea and Satu Mare Prisons

21/04/2015 to

18/08/2021

6 year(s) and 3 month(s) and 29 day(s)

7661/19

01/07/2019

Ilie ALEXE

1970

Argeș County Police Station, Mioveni and Târgu-Jiu Prisons

25/08/2016 to

06/08/2021

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

13217/19

22/04/2019

Ioan ŞULERU

1970

Iași County Police Station, Iași, Târgu -Mureș, Arad, Aiud, Timișoara, Găești Prisons, Târgu-Ocna and Dej Prison Hospitals

17/05/2009 to

27/09/2022

13 year(s) and 4 month(s) and 11 day(s)

45032/19

26/11/2019

Robert-Florentin VASILIU

1977

Vâlcea County Police Station, Mioveni Prison, Mioveni Prison Hospital, Târgu - Jiu Prison

07/03/2018 to

29/09/2022

4 year(s) and 6 month(s) and 23 day(s)

48845/19

14/10/2019

Cristinel-Ioan SAVIN

1969

Piatra-Neamț Police Station; Bacău and Dâmbovița (Mărgineni) Prisons

22/01/2019 to

04/11/2022

3 year(s) and 9 month(s) and 14 day(s)

57262/19

26/11/2019

Vasile-Călin GOGU

1975

Timișoara and Arad Prisons

25/08/2014 to

27/01/2021

6 year(s) and 5 month(s) and 3 day(s)

7554/20

06/04/2020

Fănel-Cristian DIACONESCU

1970

Dolj County Police Station. Craiova and Pelendava Prisons

01/01/2016 to

12/10/2021

5 year(s) and 9 month(s) and 12 day(s)

19043/20

21/09/2020

Ion MANEA

1976

Olt County Police Station

24/09/2015 to

16/12/2015

2 month(s) and 23 day(s)

Craiova and Târgu Jiu Prisons

24/12/2019 to

29/03/2023

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