The Court has declared inadmissible the application in the case of Văscăuţanu v. Romania.

The case concerned the effectiveness of a preventive remedy, namely an application to a post-sentencing judge. The purpose of the remedy was to put an end to situations breaching rights to prohibition of inhuman and degrading treatment where prisoners had alleged poor conditions of detention while serving their prison terms.

The Court noted that an application to a post-sentencing judge was an effective preventive remedy to be used, from 6 April 2023 onwards, by anyone complaining of poor conditions of detention. That remedy was complementary to the compensatory remedy available to people who alleged that they had been detained in conditions breaching the European Convention but were no longer in that situation at the time they brought their action. The applicant, however, had failed to make use of either of those effective remedies – both of which had been available to him and had offered reasonable prospects of success – at any time during his detention in various prisons.

• Press release
• Press release (in Romanian)