BĂLAN AND OTHERS v. ROMANIA

  FOURTH SECTION DECISION Application no. 12769/20 Marian BĂLAN against Romania and 19 other applications (see appended table) The European Court of Human Rights (Fourth Section), sitting on 9 April 2026 as a Committee composed of:  Anne Louise Bormann, President,  Sebastian Răduleţu,  András Jakab, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having regard to the above applications against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) 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 applicant, Having deliberated, decides as follows: FACTS AND PROCEDUREThe 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   Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.    Complaints under Article 3 of the Convention (inadequate conditions of detention)Having examined all the material before it, the Court considers that for the reasons stated below, the present applications are inadmissible. 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 their complaints about the inadequate conditions of their detention, as the complaint with the judge responsible for supervising the deprivation of liberty (plângerea în fața judecătorului de supraveghere a privării de libertate), provided for by Article 56 of Law no. 254/2013, had become an effective remedy for grievances similar to those of the applicants. The Court recalls that in Văscăuțanu v. Romania (dec.), no. 10120/23, §§ 47–59, 18 November 2025, it held that the remedy, which consists of lodging a complaint with the judge responsible for supervising the deprivation of liberty (plângerea în fața judecătorului de supraveghere a privării de libertate), provided for by Article 56 of Law no. 254/2013, constituted, as of 6 April 2023, an effective remedy enabling individuals who allege that they are being held in inadequate conditions of detention to put an end to their situation that they denounced as being contrary to Article 3 of the Convention. In light of all the material in its possession, the Court observes that the applicants, who allege that they are being held in inadequate conditions of detention, did not indicate that they pursued the available remedy before the domestic courts (see Văscăuțanu, cited above, § 65). Therefore, their complaints in that regard must be dismissed for failure to exhaust domestic remedies. The Government also invoked other grounds of inadmissibility to argue that the present applications must be rejected. Since it has already upheld the Government’s objection on the non-exhaustion of domestic remedies, the Court does not consider it necessary to examine further any additional arguments raised by the Government. In view of the above, the Court finds that the applicants’ complaints concerning the periods set out in the appended table must be rejected for failure to exhaust the domestic remedy laid down in Article 56 of Law no. 254/2013, in accordance with Article 35 §§ 1 and 4 of the Convention.    Remaining complaintsSome applicants also raised other complaints under various Articles of the Convention. The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. It follows that this part of the applications 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 13 May 2026.    Viktoriya Maradudina Anne Louise Bormann  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    12769/20 07/04/2020 Marian BĂLAN 1990   Craiova and Drobeta Turnu-Severin Prisons 19/12/2019 pending More than 6 year(s) and 2 month(s) and 6 day(s)    17680/21 11/03/2021 Tiberiu AGAFIŢEI 1987   Rahova and Iaşi Prisons 09/12/2019 pending More than 6 year(s) and 2 month(s) and 16 day(s)    19731/21 26/07/2021 Marian-Radu PALĂU 1988   Zalău and Satu Mare Police Stations; Gherla, Baia Mare and Oradea Prisons 05/10/2018 pending More than 7 year(s) and 4 month(s) and 20 day(s)    38137/21 22/12/2021 Ciprian-Florin COŞCODAR 1982   Bucharest-Rahova, Miercurea Ciuc, Arad and Aiud Prisons; Jilava and Dej Prison Hospitals 05/02/2019 pending More than 7 year(s) and 20 day(s)    46889/21 15/11/2021 Constantin CĂLUŞERU 1950   Găești Prison 22/12/2019 pending More than 6 year(s) and 2 month(s) and 3 day(s)    52111/21 09/05/2022 Lazăr ROSTAŞ 1986   Gherla Prison; Bucharest and Constanța - Poarta Albă Prison Hospitals 07/01/2019 pending More than 7 year(s) and 1 month(s) and 18 day(s)      52699/21 19/11/2021 Ion-Florin LUCA 1985   Aiud, Craiova and Mioveni Prisons 19/03/2021 pending More than 4 year(s) and 11 month(s) and 6 day(s)    53648/21 02/12/2021 Ionel PISICĂ 1990   Constanța - Poarta Albă Prison 23/12/2019 pending More than 6 year(s) and 2 month(s) and 2 day(s)    53685/21 05/01/2022 Ovidiu-Daniel FERARU 1984   Iași, Giurgiu Prisons 20/12/2019 pending More than 6 year(s) and 2 month(s) and 5 day(s)  53692/21 17/02/2022 Paul DOBOCAN 1993   Gherla, Oradea, Baia Mare, Bistrița, Aiud and Satu Mare Prisons 12/01/2020 pending More than 6 year(s) and 1 month(s) and 13 day(s)  54015/21 15/03/2022 Gheorghe GHERASIM 1975   Iași Prison 23/12/2019 pending More than 6 year(s) and 2 month(s) and 2 day(s)  55066/21 28/12/2021 Alin-Marian ZAHARIA 1982   Bacău, Arad and Botoșani Prisons 23/12/2019 pending More than 6 year(s) and 2 month(s) and 2 day(s)  55072/21 31/12/2021 Ionel PANAIT 1976   Galați and Brăila Prisons 23/12/2019 pending More than 6 year(s) and 2 month(s) and 2 day(s)  56461/21 30/03/2022 Lajos VERES 1968   Oradea and Timișoara Prisons 19/12/2019 pending More than 6 year(s) and 2 month(s) and 6 day(s)  61090/21 02/02/2022 Tamas PETER-ZŐRGŐ 1986   Satu Mare and Oradea Prisons 01/12/2019 Pending More than 6 year(s) and 2 month(s) and 24 day(s)  61474/21 20/01/2022 Ion LAZĂR 1962   Botoșani, Bucharest - Rahova, Giurgiu, Constanța - Poarta Albă, Arad and Tulcea Prisons 07/11/2006 Pending More than 19 year(s) and 3 month(s) and 18 day(s)  61795/21 25/01/2022 Teodor-Ciprian ROMAN 1983   Gherla, Giurgiu, Arad and Iași Prisons 23/12/2019 pending More than 6 year(s) and 2 month(s) and 2 day(s)  752/22 04/02/2022 Vasile COMAN 1983   Bucharest Central Arrest, Bucharest Police detention facility no. 9, Giurgiu Prison 01/10/2021 pending More than 4 year(s) and 4 month(s) and 24 day(s)  7112/22 08/03/2022 Dorel GUREŞOIU 1970   Bucharest - Jilava Prison 23/12/2019 pending More than 6 year(s) and 2 month(s) and 2 day(s)  10200/22 18/05/2022 Ioan DRĂGĂNEL 1972   Arad and Oradea Prisons 20/04/2023 pending More than 2 year(s) and 10 month(s) and 5 day(s)