LAKATOS AND OTHERS v. ROMANIA

2026-05-21T00:00:00
  FOURTH SECTION DECISION Application no. 12426/22 Romică-Ciprian LAKATOS against Romania and 18 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”). In some applications, the applicants raised additional complaints under various provisions of the Convention. 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)The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention. Having examined all the material before it, the Court considers that for the reasons stated below, the present complaints 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 additional arguments raised by the Government. In view of the above, the Court finds that the applicants’ complaints concerning the periods of their detention 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 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    12426/22 22/02/2022 Romică-Ciprian LAKATOS 1988       Gherla, Baia Mare and Bistrița Prisons 03/04/2020 pending More than 5 year(s) and 10 month(s) and 25 day(s)    13522/22 10/02/2022 Lucian Adrian BONCU 1978   Pașca Mihai-Lucian Timisoara Timișoara and Oradea Prisons 10/02/2022 pending More than 4 year(s) and 18 day(s)§    16004/22 02/08/2022 Ştefan DANI 1983       Gherla, Oradea, Satu Mare, Baia Mare, Bistrița, Deva and Iași Prisons; Dej Prison Hospital 18/12/2020 pending More than 5 year(s) and 2 month(s) and 10 day(s)    16506/22 18/04/2022 Valentin IACOB 1974       Iași Prison 23/12/2019 pending More than 6 year(s) and 2 month(s) and 5 day(s)    20068/22 08/06/2022 Florin PUZSA 1973       Baia Mare, Deva and Gherla Prisons 18/04/2018 pending More than 7 year(s) and 10 month(s) and 10 day(s)    32112/22 22/08/2022 Costel IORGA 1965       Târgu Ocna Prison Hospital; Iași, Bucharest-Rahova, Botoșani and Găești Prisons 23/12/2019 pending More than 6 year(s) and 2 month(s) and 9 day(s)    34979/22 09/08/2022 Alexandru-Marian MITU 1976       Constanța Police Detention facility, Poarta Albă (Constanța), Slobozia and Arad Prisons 13/03/2019 pending More than 6 year(s) and 11 month(s) and 20 day(s)    36005/22 22/09/2022 Remus VEREŞ 1979       Oradea Prison 04/09/2019 pending More than 6 year(s) and 6 month(s) and 1 day(s)    37191/22 03/04/2023 Iulian-Cosmin ATĂNĂSOAEI 1991       Bacău County Police Station; Bacău and Botoșani Prisons 19/01/2022 pending More than 4 year(s) and 1 month(s) and 14 day(s)  39073/22 04/08/2022 Laurenţiu-Vasile DUMITRU 1989       Bucharest Police detention facility no. 4; Rahova and Jilava Prisons 08/07/2020 pending More than 5 year(s) and 7 month(s) and 25 day(s)  39436/22 20/09/2022 Iulian CÎTEA 1970       Gherla Prison 06/07/2017 pending More than 8 year(s) and 7 month(s) and 27 day(s)  41398/22 18/10/2022 Costel AVĂTĂMĂNIŢEI 1985       Botoșani and Arad Prisons 05/01/2019 to 01/04/2019 2 month(s) and 28 day(s)   Botoșani and Arad Prisons 08/11/2019 pending More than 6 year(s) and 3 month(s) and 25 day(s)  45026/22 24/10/2022 Tiberius Virgil STOICA 1984       Arad, Oradea, Craiova and Iași Prisons 13/11/2020 pending More than 5 year(s) and 3 month(s) and 20 day(s)  45547/22 20/10/2022 Petre OSMAN 1981       IPJ Olt Police Station; Craiova, Mărgineni and Giurgiu Prisons 21/08/2010 pending More than 15 year(s) and 6 month(s) and 12 day(s)  46423/22 12/06/2023 Alexandru-Mircea DUMITRACHE 1986       Bucharest-Rahova, Giurgiu, Mărgineni and Ploiești Prisons 06/09/2016 pending More than 9 year(s) and 5 month(s) and 27 day(s)  46831/22 28/11/2022 Marius RUSU 1988   Aiud Prison 23/04/2021 pending More than 4 year(s) and 10 month(s) and 3 day(s)  48002/22 17/01/2023 Vasile-Ioan POP 1977   Gherla and Baia Mare Prisons 18/10/2018 pending More than 7 year(s) and 4 month(s) and 8 day(s)  51836/22 12/12/2022 Nicolae-Ionuţ FERARU 1988       Vaslui County Police Station; Giurgiu, Iași, Vaslui and Galați Prisons 14/09/2016 pending More than 9 year(s) and 5 month(s) and 19 day(s)  56571/22 29/11/2022 Cosmin ROSTAS 1990       Sălaj and Alba Counties Police Stations; Gherla, Oradea and Bistrița Prisons 09/09/2021 pending More than 4 year(s) and 5 month(s) and 24 day(s)