The case of Gheorghe Dima v. Romania.
Prohibition of torture. Again, the ECHR convicted Cover Image

Cauza Gheorghe Dima c. României. Interzicerea torturii. Din nou condamnare la CEDO
The case of Gheorghe Dima v. Romania. Prohibition of torture. Again, the ECHR convicted

Author(s): Magdalena Roibu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: Gheorghe Dima vs. Romania; the European Court of Human Rights; prohibition of torture (article 3); inhuman or degrading treatment/punishment; execution of penalties; moral damages

Summary/Abstract: On the 19th of April 2016, the European Court of Human Rights (hereinafter “the European Court”, “the Court” or briefly, the ECHR), sitting in its Fourth Section, gave the final ruling in the case of Gheorghe Dima vs. Romania , finding in favor of the applicant and unanimously concluded that there occurred a violation of article 3 (Prohibition of torture) of the European Convention of Human Rights (hereinafter “the European Convention” or briefly, “the Convention”). The Court ordered that the Romanian State pay the applicant an amount of 7.500 EUR as moral damages for his suffering, as well as the sum of 1.040 EUR for the legal expenses he had incurred. To these amounts, the legal interest applicable was added. The present article aims at introducing the reader into the atmosphere of the case, by summarizing its most relevant factual and legal aspects and is assorted with comments meant to draw the attention upon the shadows of a less visible part of criminal justice, i.e. the stage of execution of criminal penalties within Romanian penitentiaries. The importance of the ECHR case-law in the sphere of article 3 of the European Convention is also highlighted.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 107-119
  • Page Count: 9
  • Language: Romanian