NISTOR-MARTIN AND OTHERS v. ROMANIA - 29908/20 (Judgment : Article 8 - Right to respect for private and family life : Fourth Section Committee) French Text [2023] ECHR 476 (08 June 2023)

NISTOR-MARTIN AND OTHERS v. ROMANIA - 29908/20 (Judgment : Article 8 - Right to respect for private and family life : Fourth Section Committee) French Text [2023] ECHR 476 (08 June 2023)

Refusal to allow prisoners to attend funerals of close family members constituted a violation of Article 8, as the reasons given by national authorities were insufficient to demonstrate necessity in a democratic society.

Source-derived case information.

Citation
[2023] ECHR 476
Parties
Applicant: Mihai Nistor-Martin; Applicant: Ilie-Paul Mailat; Applicant: Ciprian Costel Băsescu; Applicant: Marcel Marilică; Respondent: Romanian Government
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation of Article 8 found; applications allowed
Legal Topics
Right to Respect for Private and Family Life, Prisoners' Rights, Funeral Attendance, Article 8 ECHR
Human Rights Law Prison Law Right to Respect for Private and Family Life Prisoners' Rights Funeral Attendance Article 8 ECHR

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Parties

Mihai Nistor-Martin

Applicant

Ilie-Paul Mailat

Applicant

Ciprian Costel Băsescu

Applicant

Marcel Marilică

Applicant

Romanian Government

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether refusal to allow prisoners to attend funerals of close family members violates Article 8 of the Convention

Ratio Decidendi

Refusal to allow prisoners to attend funerals of close family members constituted a violation of Article 8, as the reasons given by national authorities were insufficient to demonstrate necessity in a democratic society.

Court Disposition

violation of Article 8 found; applications allowed

Orders

  • Romania must pay each applicant €3,000 within three months, convertible to local currency at the applicable rate.
  • Interest at the ECB marginal lending facility rate plus three percentage points applies after three months until payment.