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HAGIVELI AND OTHERS v. ROMANIA

Doc ref: 20046/16, 21350/16, 26213/16, 51314/16, 54383/16, 57176/16, 58508/16, 4630/17, 7268/17, 18590/19, 34... • ECHR ID: 001-212747

Document date: September 23, 2021

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HAGIVELI AND OTHERS v. ROMANIA

Doc ref: 20046/16, 21350/16, 26213/16, 51314/16, 54383/16, 57176/16, 58508/16, 4630/17, 7268/17, 18590/19, 34... • ECHR ID: 001-212747

Document date: September 23, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 20046/16 Ervin HAGIVELI against Romania and 14 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 23 September 2021 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government, who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received by the Court.

By letters sent by registered post, the applicants were notified that the time allowed for the submission of their observations had expired (see the appended table for the relevant dates). The applicants’ attention was further drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.

No reply to these letters has been received by the Court (see details in the appended table) and there are no previous letters from the applicants informing the Court about a change of address.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the applications (Article 37 § 1 (a) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto which require the continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Done in English and notified in writing on 14 October 2021.

{signature_p_2}

Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Date of the

applicant’s last

letter to the Court

Date of the

Court’s

registered

letter

Date of receipt

of the registered letter

New time-limit for submission of

Observations by the applicant

Date of the applicant’s

release from prison

20046/16

11/05/2016

Ervin HAGIVELI

1980

07/03/2017

24/03/2021

Letter returned to sender on 16/04/2021

(according to information on the website of the Romanian Post)

05/05/2021

15/11/2017

21350/16

16/05/2016

Ionuț BĂLĂCEANU

1993

01/02/2017

13/01/2021

Letter returned to sender on 09/02/2021

(according to information on the website of the Romanian Post)

24/02/2021

03/05/2018

26213/16

01/06/2016

Costică VLAD

1984

08/09/2016

28/04/2021

10/05/2021

Signed by the applicant’s mother

09/06/2021

14/11/2017

51314/16

31/10/2016

Ștefan ȘERBAN

1980

24/03/2017

13/01/2021

26/01/2021

Signed by the applicant

24/02/2021

06/11/2018

54383/16

25/10/2016

Marin PATR

1965

25/01/2021

02/02/2021

Letter returned from Galați prison on 08/03/2021

as recipient “moved from the address”

16/03/2021

In detention according to Romanian prison authorities.

57176/16

31/10/2016

Constantin COTAE

1989

30/03/2017

18/01/2021

Handed over to the recipient on 26/01/2021

(according to information on the website of the Romanian Post)

01/03/2021

In detention in Giurgiu prison

58508/16

14/11/2016

Marian ILIE

1970

24/02/2017

19/10/2020

Letter returned to sender on 20/11/2020

(according to information on the website of the Romanian Post)

27/11/2020

In detention in Giurgiu prison

4630/17

03/02/2017

Nicolae GHEORGHE

1985

24/05//2017

19/11/2020

Letter returned from home address on 21/01/2021 as recipient “moved from the address”

04/01/2021

05/03/2019

7268/17

27/02/2017

Gheorghe Trandafir NONU

1985

11/05/2017

12/03/2021

Letter returned to sender on 01/04/2021

(according to information on the website of the Romanian Post)

23/04/2021

27/08/2019

18590/19

11/09/2019

Marian SÃŽRBU

1978

17/09/2019

18/05/2021

08/06/2021

Signed by the applicant

29/06/2021

05/09/2019

34713/19

02/08/2019

Ștefan BALINT

1949

18/09/2019

18/05/2021

10/06/2021

Illegible signature

29/06/2021

-

38209/19

27/08/2019

Ghiocel BALMOȘ

1969

04/08/2020

18/05/2021

07/06/2021

Illegible signature

29/06/2021

In detention in Arad prison

62293/19

06/01/2020

Sabin PÃŽRVAN

1973

29/10/2020

18/05/2021

03/06/2021

Signed by the applicant’s mother

29/06/2021

10/10/2020

4853/20

05/02/2020

Vasile DĂILĂ

1961

16/10/2020

18/05/2021

17/06/2021

Illegible signature

29/06/2021

04/07/2020

7245/20

25/02/2020

Alexandru IEREMIE

1992

24/04/2020

18/05/2021

04/06/2021

Signed by the applicant’s mother

29/06/2021

31/08/2020

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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