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CIOBOTARU AND CARABEȚ v. ROMANIA
Doc ref: 31335/16;31336/16 • ECHR ID: 001-173551
Document date: March 30, 2017
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CIOBOTARU AND CARABEȚ v. ROMANIA
Doc ref: 31335/16;31336/16 • ECHR ID: 001-173551
Document date: March 30, 2017
Cited paragraphs only
FOURTH SECTION
DECISION
Application s no s . 31335/16 and 31336/16 George Cătălin CIOBOTARU against Romania and Anatolie CARABEȚ 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,
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 Ionela Mărgărit, 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 applications, 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 the inadequate conditions of detention in the places in which they have served the sentence until 23 April 2015 and 17 November 2015, respectively. The complaints were lodged with the Court on 28 May 2016.
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
31335/16
28/05/2016
George Cătălin Ciobotaru
05/05/1992
Mărgărit Ionela
Bucharest
Penitentiaries of Tichilești and Galați
02/05/2011 to 23/04/2015
31336/16
28/05/2016
Anatolie CarabeÈ›
15/11/1978
Mărgărit Ionela
Bucharest
Penitentiaries of Galați and Brăila
28/02/2014 to 17/11/2015
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