Judgment 39920/16

Applicant name GEANTĂ and others
Applicant type natural person (prisoner)
Number of applicants 12
Country Romania
Application no.39920/16, 5317/19, 8208/19, 40323/19
45725/19, 58275/19, 63083/19, 13173/20
21965/20, 4717/21, 11060/21, 24818/21
Date 12/01/2023
Judges Armen Harutyunyan, Président,
 Anja Seibert-Fohr,
 Ana Maria Guerra Martins
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Not necessary (prevention of crime and disorder)
Type of privacy Relational privacy
Keywords Attend funeral prisoner
Facts of the case The applicants complain about the refusal of prisoners to attend the funerals of close family members. In application no. 39920/16 the applicant also draws other complaints from the provisions of the Convention.
AnalysisIn the leading judgment Kanalas v. Romania, no. 20323/14, December 6, 2016, the Court found a violation regarding issues similar to those which are the subject of the present case. After examining all the elements submitted to it, the Court finds no fact or argument capable of convincing it to reach a different conclusion as to the merits of the complaints in question. Taking into account its case law on the subject, it considers that the reasons given by the national authorities for refusing the applicants permission to leave in order to attend the funerals of close family members are not sufficient to demonstrate that the interference denounced was “necessary in a democratic society”. In particular, the Court observes that in some cases it does not appear that these reasons were communicated to the applicants in good time so that they could remedy.
Other Article violation? Yes, 3 ECHR
Damage awarded 39.500
Documents Judgment