FOURTH SECTION

DECISION

Applications nos. 25393/20 and 34579/20 Adrian DIACONU against Romania and Nicolae SAFTA against Romania

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 29 June 2023 as a Committee composed of:

Tim Eicke , President , Branko Lubarda, Ana Maria Guerra Martins , 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.

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 an action in tort was 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 the domestic level. By a subsequent letter, the Government expressly referred to Vlad v. Romania ((dec.), no. 122/17, 15 November 2022) 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, when they lodged their action, held in conditions that were allegedly contrary to the Convention. Subsequently, in Vlad v. Romania (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.

Although invited, the applicants did not inform the Court of having brought an action in tort before the Romanian courts. Therefore, in the light of all the material in its possession, since the applicants were no longer in detention conditions 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 for further details the appended table), the Courts considers that their applications must be rejected for failure to exhaust domestic remedies, 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 20 July 2023.

Viktoriya Maradudina Tim Eicke 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

Facility

Start and end date

Duration

Sq. m per inmate

Specific grievances

25393/20

04/08/2020

Adrian DIACONU

1981Jilava Prison

23/12/2019 to

24/07/2022

2 year(s) and 7 month(s) and 2 day(s)

2.2 m²

overcrowding (save for 04/03/2020-08/02/2021), lack of or insufficient natural light, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents

34579/20

31/08/2020

Nicolae SAFTA

1967Dolj County Police, Craiova and Drobeta-Turnu Severin Prisons

05/12/2019 to

21/10/2021

1 year(s) and 10 month(s) and 17 day(s)

2.08-2.67 m²

overcrowding (save for

05/12/2019-18/12/2019; 03/06/2020-26/06/2020) bunk beds, mouldy or dirty cell, inadequate temperature, poor quality of food,