The European Court of Human Rights (Third Section), sitting on 6 March 2012 as a Chamber composed of:
Luis López Guerra,
Kristina Pardalos, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 26 July 2010,
Having deliberated, decides as follows:
A. The circumstances of the case
1. Criminal proceedings against the applicants
In a thoroughly reasoned decision of 10 October 2008, the Cluj Court of Appeal dismissed the appeals as unsubstantiated.
2. Applicants’ detention
B. Relevant domestic law and practice
Under the same Article, they reiterated some of the arguments raised before the domestic courts, in particular the alleged unlawfulness of the bill of indictment; the failure by prosecutor and courts to properly establish all aspects of the case; and the unlawfulness of the searches in their apartments and of their computers. They also complained that the domestic courts had not responded to all the arguments raised by the defence.
Furthermore, the applicants argued that one of the judges on the first instance panel and one of the judges on the appeal panel should not have ruled on the case, as they had loans with the banks whose ATM machines had been used for money withdrawals.
Lastly, they complained that the duration of the criminal proceedings had been unreasonably lengthy.
A. Complaint under Article 3 of the Convention
Taking into account that the application with the Court was lodged on 26 July 2010, the Court finds that the complaints concerning the applicants’ detention at Bistriţa police station and the first period of detention in Bistriţa Prison were lodged outside the six-month time-limit and should be declared inadmissible in accordance with Article 35 §§ 1 and 4 of the Convention.
B. Complaint under Article 3 of Protocol No. 1 to the Convention
C. Remaining complaints
For these reasons, the Court unanimously
Decides to adjourn the examination of the applicants’ complaints under Article 3 of the Convention concerning the material conditions of detention in Bistriţa Prison from 17 March 2010 (the first and second applicants) and 6 April 2010 (the third applicant) to 22 March 2011 (the first applicant) and 26 October 2010 (the second and third applicants); and under Article 3 of Protocol No. 1 to the Convention concerning the voting ban imposed on them by the final decision of 5 March 2010;
Declares the remainder of the application inadmissible.
Marialena Tsirli Josep Casadevall Deputy Registrar President