| Applicant name | GHIBAN |
| Applicant type | Prisoner |
| Number of applicants | 1 |
| Country | Romania |
| Application no. | 10862/19 |
| Date | 08/02/2024 |
| Judges | Faris Vehabović, President, Anja Seibert-Fohr, Anne Louise Bormann |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | Mini-judgment |
| Type of privacy | Relational privacy |
| Keywords | Leave Funeral |
| Facts of the case | 5. The applicant complained that he had been unable to attend the funeral of his mother following the refusal of the prison authorities to grant him compassionate leave. He referred to Article 8 of the Convention. 6. While the Government submitted observations in the case, the arguments presented therein concern only the complaint under Article 3 of the Convention. 7. In the leading case of Kanalas v. Romania, no. 20323/14, 6 December 2016, the Court already found a violation in respect of issues similar to those in the present case. 8. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of this complaint. Having regard to its case-law on the subject, the Court considers that in the instant case the reasons invoked by the prison authorities to dismiss the applicant’s request for leave (see appended table) are not sufficient to demonstrate that the interference was “necessary in a democratic society”. 9. This complaint is therefore admissible and discloses a breach of Article 8 § 1 of the Convention. |
| Analysis | |
| Other Article violation? | No violation 3 |
| Damage awarded | 3000 |
| Documents | Judgment |