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DINCĂ v. ROMANIA

Doc ref: 29432/16 • ECHR ID: 001-187757

Document date: October 11, 2018

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Cited paragraphs: 0
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DINCĂ v. ROMANIA

Doc ref: 29432/16 • ECHR ID: 001-187757

Document date: October 11, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 29432/16 Lucian DINCÄ‚ against Romania

The European Court of Human Rights (Fourth Section), sitting on 11 October 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 9 June 2016 ,

Having regard to the observation submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table.

The applicant was represented by Ms M. Popa, residing in Galaţ i.

The applicant ’ s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were 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 Galați Prison ended on 13 May 2015. The Government supported this argument with official records. The applicant did not object.

The Court notes that the applicant lodged his application with the Court on 9 June 2016, which is more than six months after the end of his detention in the facilities he complained of (see appended table for further details). 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).

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 8 November 2018 .

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention

(inadequate conditions of detention)

No.

Application no.

Date of introduction

Applicant ’ s name

Date of birth

Representative ’ s name and location

Facility

Start and end date

Duration

Sq. m. per inmate

Specific grievances

29432/16

09/06/2016

Lucian Dincă

03/11/1981

Mihaela Popa

Galați

Galați Police Arrest and Galați Prison

19/12/2012 to

27/03/2013

3 months and 9 days

Galați Prison

13/06/2014 to

13/05/2015

11 months and 1 day

1.6-2.1 m²

overcrowding, lack of fresh air, lack of privacy for toilet, mouldy or dirty cell, infestation of cell with insects/rodents, passive smoking

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