Mistreatment in a secret prison in Romania: the case of Al-Nashiri

Al-Nashiri v Romania (Application No 33234/12)

Briefed on 20 May 2019

The case concerns violations of a number of Convention rights on account of the fact that the applicant was the victim of an “extraordinary rendition” operation. The European Court found it established beyond reasonable doubt that Romania hosted a CIA detention site code-named “Detention Site Black”, which operated from 22 September 2003 to 5 November 2005, and that the applicant was secretly detained there from 12 April 2004 to 6 October 2005, or, at the latest, to 5 November 2005. He was subjected to inhuman treatment, on account of an extremely harsh detention regime. He was subsequently transferred by the CIA out of Romania to another of its detention facilities.

Ms Amrit Singh, Counsel for Mr Al-Nashiri, and Director, Accountability, Liberty and Transparency Division at the Open Society Justice Initiative, set out why the case was still not being properly implemented and made recommendations to the Committee of Ministers.

Action Plan from the Romanian authorities (April 2019)

Rule 9.2 submission by OSJI on the case (May 2019)

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Failure to protect from domestic violence

Balsan v Romania (Appl. No 49645/09)

Briefed on: 28 May 2018

This case concerns the failure by the national authorities to adequately protect the applicant from domestic violence inflicted by her spouse in 2007 and 2008. The ECtHR found a violation of Article 3 and of Article 14 in conjunction with Article 3.

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Poor material conditions of detention

Bragadireanu v Romania group of cases (Application No 22088/04)

Briefed on: 5 March 2018

These cases concern inhuman and/or degrading treatment suffered by the applicants on account of overcrowding and poor material conditions in prisons and police detention facilities and the lack of an effective remedy in this regard; the inadequacy of the medical care provided to some of the applicants and several other dysfunctions regarding the protection of the prisoners' rights (violations of Article 3; and violation of Article 13 in the case of Marcu).

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Failure to protect vulnerable young man's life in psychiatric hospital

Centre for Legal Resources on behalf of Valentin Campeanu v Romania (Appl. No. 47848/08)

Briefed on: 20 February 2017

The case concerns the authorities’ failure to protect the right to life of Mr. Câmpeanu, a young man of Roma origin, orphaned, HIV-positive and diagnosed with profound intellectual disability. The ECtHR found a substantial violation of Article 2 of the Convention in relation to severe shortcomings in the social and medical care afforded to the applicant before his death at the neuropsychiatric hospital. 

  • Rule 9 submission by Georgiana Iorgulescu (Executive Director) and Georgiana Pascu (Programme Manager) of the Centre for Legal Resources (CLR), Romania
  • Action plan of the Romanian Government
  • Judgment of the European Court of Human Rights
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