CRAITA v. ROMANIA - 41773/09 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section Committee)) French Text [2017] ECHR 58 (17 January 2017)

CRAITA v. ROMANIA - 41773/09 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section Committee)) French Text [2017] ECHR 58 (17 January 2017)

The Court found that the refusal of conjugal visits was based solely on an automatic legal prohibition for persons in pre-trial detention, without consideration of the applicant's individual circumstances. This constituted unjustified differential treatment and discrimination, violating Article 8 combined with...

Source-derived case information.

Citation
[2017] ECHR 58
Parties
Applicant: Georgeta Crăiţă; Respondent: Romanian Government
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 8 combined with Article 14; partial satisfaction granted
Legal Topics
Right to Respect for Private and Family Life, Discrimination, Prisoners' Rights, Conjugal Visits
Human Rights Prison Law Right to Respect for Private and Family Life Discrimination Prisoners' Rights Conjugal Visits

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Georgeta Crăiţă

Applicant

Romanian Government

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether the automatic prohibition of conjugal visits for persons in pre-trial detention violates Article 8 combined with Article 14 of the Convention
  2. 2 Whether the applicant was discriminated against compared to convicted prisoners regarding conjugal visits

Ratio Decidendi

The Court found that the refusal of conjugal visits was based solely on an automatic legal prohibition for persons in pre-trial detention, without consideration of the applicant's individual circumstances. This constituted unjustified differential treatment and discrimination, violating Article 8 combined with Article 14 of the Convention.

Court Disposition

Violation of Article 8 combined with Article 14; partial satisfaction granted

Orders

  • The respondent State must pay the applicant 7,500 EUR for moral damage within three months, plus any applicable tax, converted at the rate on the date of payment.
  • Interest at the marginal lending facility rate of the European Central Bank plus three percentage points will accrue after the deadline until payment.