Religion – Weltanschauung – Recht [ RWR ]

The applicant, Eugeniu Costel Austrianu, is a Romanian national who was born in 1964 and lives in Leresti (Romania). In September 1993 he was convicted of murder and sentenced to 27 years’ imprisonment. He served his sentence until December 2005.

Relying on Article 3 (prohibition of torture and of inhuman or degrading treatment), he complains that in December 1998 he was ill-treated by a prison guard in Colibasi prison – in particular, that he was hit with a truncheon – and that the ensuing investigation into his complaints was ineffective. Relying on Article 8 (right to respect for private and family life), he alleges that the prison authorities opened two letters addressed to him by the European Court of Human Rights. He also complains, under Article 9 (freedom of thought, conscience, and religion), that his religious audio tapes were confiscated by the prison authorities. Relying on Article 14 (prohibition of discrimination) in conjunction with Article 9, he contends that he was treated as a member of the Orthodox faith even though he had informed the prison authorities that he was a Baptist. Lastly, under Article 6 § 1 (right to a fair trial), he complains that three final decisions by the Romanian courts in his favour were not enforced.

Press release ECHR 041 (2013) 06/02/2013