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STAN AND COANDĂ v. ROMANIA
Doc ref: 54937/15;54954/15 • ECHR ID: 001-173539
Document date: March 30, 2017
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STAN AND COANDĂ v. ROMANIA
Doc ref: 54937/15;54954/15 • ECHR ID: 001-173539
Document date: March 30, 2017
Cited paragraphs only
FOURTH SECTION
DECISION
Application s no s . 54937/15 and 54954/15 Marian STAN against Romania and Nicolae Marius COANDÄ‚ against Romania (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 30 March 2017 as a Committee composed of:
Vincent A. De Gaetano, President, Egidijus KÅ«ris, Gabriele Kucsko-Stadlmayer, judges,
and Karen Reid, 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 and the relevant details of the applications are set out in the appended table.
The applicants were represented by Ms Cătălina Florescu, a lawyer practising in Bucharest.
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
A. The joinder of the cases
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
B. Complaints under Article 3 of the Convention
In the present application s , having examined all the material before it, the Court must first determine whether the applicants complied with Article 35 of the Convention, and specifically with the six-month time-limit established by Article 35 § 1 of the Convention.
In particular, the Court notes that the applicants are complaining about inadequate conditions of detention in which they have served the sentence until 12 January 2015 and 10 March 2015, respectively. The complaints were lodged with the Court on 29 October 2015.
In view of the above, the Court finds that the applications are inadmissible for non ‑ compliance with the six-month rule set out in Article 35 § 1 of the Convention and 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 4 May 2017 .
Karen Reid Vincent A. De Gaetano Registrar President
APPENDIX
Applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Facility
Period concerned by the application
54937/15
29/10/2015
Marian Stan
06/07/1983
Florescu Cătălina
Bucharest
Jilava Penitentiary
10/01/2015 to 12/01/2015
54954/15
29/10/2015
Nicolae Marius Coandă
09/09/1972
Florescu Cătălina
Bucharest
Jilava Penitentiary
30/10/2014 to 10/03/2015
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