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MARIN v. ROMANIA

Doc ref: 36606/16 • ECHR ID: 001-188436

Document date: November 15, 2018

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MARIN v. ROMANIA

Doc ref: 36606/16 • ECHR ID: 001-188436

Document date: November 15, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 36606/16 Georgian MARIN against Romania

The European Court of Human Rights (Fourth Section), sitting on 15 November 2018 as a Committee composed of:

Georges Ravarani, President, Marko Bošnjak, Péter Paczolay, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 25 July 2016 ,

Having regard to the observation submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr. Georgian Marin, is a Romanian national who was born in 1986 and lives in Bărcăneşti. The Romanian Government (“the Government”) were represented by their Agent, Ms. C. Brumar of the Ministry of Foreign Affairs.

The applicant ’ s complaint under Article 3 of the Convention concerning the inadequate conditions of detention in Mărgineni, Ploieşti and Găeşti prisons f rom 4 July 2012 onwards was communicated to the Romanian Government (“the Government”) .

THE LAW

The Government submitted that the applicant had applied to the Court belatedly as his detention in Găeşti Prison ended on 16 June 2015 when he was released on parole. The Government supported this argument with official records. The applicant did not object.

The Court reiterates that in the absence of an effective remedy for that grievance, the complaint about inadequate conditions of detention should have been introduced within six months of the last day of the applicant ’ s detention (see Iacov Stanciu v. Romania , no. 35972/05, §136, 24 July 2012).

The Court notes that the applicant lodged his application with the Court on 25 July 2016, which is more than six months after the end of his detention in the facilities he complained of.

In view of the above, the Court finds that the applicant ’ s complaint under Article 3 of the Convention was submitted out of the six-month time ‑ limit and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 6 December 2018 .

Liv T igerstedt Georges Ravarani Acting Deputy Registrar President

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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