Considerations on the effect of the pilot decision of the european court of human rights concerning the detention conditions in Romania
|Author:||Judge PhD Gabriela-Nicoleta Chihaia|
|Position:||Brasov County Court.|
Romania had been struggling for many years with the issue of overcrowding of places of detention, which has attracted numerous convictions in front of the European Court of Human Rights since 2007 (Case of Bragadireanu v. Romania), reaching a semi-pilot decision in 2012 (the Case of Iacov Stanciu v. Romania). Although the Court has recently acknowledged some progress made by the Romanian authorities to improve the conditions of detention, it found that the measures were ineffective, the factual situation was not changed, the resulting aspect and the large number of repetitive complaints in court, in which the plaintiffs invoke the precariousness of the detention conditions in our country, which leads to violation of art. 3 of the European Convention of Human Rights, on “the right not to be subjected to torture and other inhuman or degrading treatment or punishment” Thus, the Court has reached a pilot decision in the Case of Rezmives and Others v. Romania, the Romanian authorities adopted the Law no. 169/2017. The present study aims to present the issue with which Romania has been confronted in the matter of conditions of detention in the last 10 years, as they result from the convictions passed by the European Court of Human Rights. Also, as a pilot decision on this matter has been issued against our country, the study also highlights the conditions, procedure and effects that such a decision produced for the state in which it is ordered. In the last part, the study presents the measures taken by the Romanian authorities as a result of the pilot decision making an analysis of the legal provision adopted by the Law no. 169/2017, as regards the reduction of the period of detention, the depopulation as well as the granting of compensation to the persons detained in violation of art. 3 of the European Convention on Human Rights.