GRIGORE AND OTHERS v. ROMANIA

2026-05-21T00:00:00
  FOURTH SECTION DECISION Application no. 41170/16 Florian-Valentin GRIGORE against Romania and 22 other applications (see appended table) The European Court of Human Rights (Fourth Section), sitting on 21 May 2026 as a Committee composed of:  Anne Louise Bormann, President,  András Jakab,  Corinna Wissels, 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) during periods indicated in the appended tableHaving examined all the material before it, the Court considers that for the reasons stated below, the present complaints raised under Article 3 of the Convention about the applicants’ detention in allegedly inadequate conditions during the periods indicated in the appended table are inadmissible. 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 complaints 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 other 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 complaintsThe applicant in application no. 47626/16 also raised other complaints under Article 3 of the Convention, in relation to previous periods of detention. The Court has examined the application 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 application 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 11 June 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   Representative’s name and location Facility Start and end date Duration    41170/16 12/08/2016 Florian-Valentin GRIGORE 1985       Mărgineni and Rahova Prisons 23/12/2019 pending More than 6 year(s) and 1 month(s) and 20 day(s)    47626/16 19/09/2016 Nicușor-Gabriel CODREANU 1988   Codreanu Gheorghina Braila Focșani, Galați, Brăila, and Tulcea Prisons 23/12/2019 pending More than 6 year(s) and 1 month(s) and 20 day(s)    67391/16 28/12/2016 Danilă AKNAI 1963       Cluj-Napoca County Police Station; Jilava Prison Hospital; Gherla, Rahova and Aiud Prisons 27/06/2011 to 23/07/2012 1 year(s) and 27 day(s)   Aiud Prison 23/12/2019 pending More than 6 year(s) and 1 month(s) and 20 day(s)    9822/20 11/03/2020 Sali APTULA 1961       Poarta Albă, Tulcea, Slobozia and Mioveni (Colibași) Prisons 08/07/2008 pending More than 17 year(s) and 7 month(s) and 4 day(s)    10783/20 07/04/2020 Ion-Valentin COMĂNESCU 1980       Dolj County Police Station; Craiova, Gherla, Mărgineni and Giurgiu Prisons 01/09/2017 pending More than 8 year(s) and 5 month(s) and 11 day(s)    15724/20 04/05/2020 Emil COŞTEAN 1990       Arad Prison 23/12/2019 pending More than 6 year(s) and 1 month(s) and 20 day(s)      50938/20 15/03/2021 Cristian PAUL 1981       Bacău, Rahova, Giurgiu, Iaşi, Poarta Albă, Arad and Vaslui Prisons; Jilava Prison Hospital 16/03/2010 pending More than 15 year(s) and 10 month(s) and 27 day(s)    52977/20 11/01/2021 Cristian-Florentin HENDRE 1976       Gherla and Oradea Prisons 12/06/2020 pending More than 5 year(s) and 8 month(s)    13130/21 31/05/2021 Vasile PARASCHIV 1980       Focşani, Poarta Albă and Slobozia Prisons 23/12/2019 pending More than 6 year(s) and 1 month(s) and 20 day(s)  13167/21 30/03/2021 Gheorghe-Roman COPIL 1970       Timișoara, Arad and Deva Prisons 28/10/2018 pending More than 7 year(s) and 3 month(s) and 15 day(s)  13789/21 20/04/2021 Cristian-Mihai CARDOŞ 1998       Baia Mare County Police Station; Gherla and Oradea Prisons 08/03/2020 pending More than 5 year(s) and 11 month(s) and 4 day(s)    41368/21 24/09/2021 Florin-Marcel CSIKI 1991       Arad County Police Station and Arad Prison 17/07/2015 pending More than 10 year(s) and 6 month(s) and 27 day(s)    44930/21 25/09/2021 Cornel GROŞANU 1960       Bucharest - Rahova, Ploiești, Giurgiu and Bucharest - Jilava Prisons; Bucharest - Jilava Prison Hospital 23/12/2019 pending More than 6 year(s) and 1 month(s) and 21 day(s)    45603/21 08/10/2021 Valentin-Claudiu COAJE 1992       Bucharest - Jilava, Găești and Giurgiu Prisons 23/12/2019 pending More than 6 year(s) and 1 month(s) and 21 day(s)    45830/21 02/09/2021 Ştefan ROMAN 1979       Oradea Prison 05/03/2018 pending More than 7 year(s) and 11 month(s) and 8 day(s)    46895/21 07/10/2021 Flaviu-Mihai CONTRAŞ 1990       Oradea Prison 07/01/2020 pending More than 6 year(s) and 1 month(s) and 6 day(s)  50740/21 15/11/2021 Marian BOTEZATU 1982       Gherla and Galați Prisons 24/12/2019 pending More than 6 year(s) and 1 month(s) and 20 day(s)  51314/21 09/11/2021 Cătălin-Eugen MICU 1973       Giurgiu and Gherla Prisons 29/07/2017 pending More than 8 year(s) and 6 month(s) and 15 day(s)  57371/21 21/12/2021 Florin-Adrian STOICA 1994       Codlea, Miercurea Ciuc and Aiud Prisons 21/01/2018 pending More than 8 year(s) and 23 day(s)  57990/21 05/04/2022 Gerard-Alexandru AVRAMESCU 1968       Focșani, Drobeta-Turnu-Severin, Târgu-Jiu Prisons 01/01/2020 pending More than 6 year(s) and 1 month(s) and 12 day(s)  7107/22 21/02/2022 Viorel PAHONIE 1975       Drobeta Turnu Severin and Craiova Prisons 19/12/2019 pending More than 4 year(s) and 2 month(s) and 25 day(s)  39428/22 05/08/2022 Florin BOCA 1987       Craiova, Arad, Giurgiu and Colibași Prisons 10/12/2008 pending More than 17 year(s) and 2 month(s) and 10 day(s)  39446/22 21/09/2022 Traian PUŞCAŞ 1985       Gherla Prison 08/10/2018 pending More than 7 year(s) and 4 month(s) and 12 day(s)