GAVRILĂ AND OTHERS v. ROMANIA
Doc ref: 44058/16, 54417/16, 55672/16, 58497/16, 66048/16, 69457/16, 79278/16, 130/17, 1506/17, 16887/17, 318... • ECHR ID: 001-212749
Document date: September 23, 2021
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FOURTH SECTION
DECISION
Application no. 44058/16 Florian GAVRILÄ‚ against Romania and 12 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).
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
Representative’s name and location
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
44058/16
19/08/2016
Florian GAVRILÄ‚
1970
19/08/2016
03/06/2021
Returned to the Court from the
home address on 04/07/2021
(according to the
official website of Romania’s Postal
Service)
01/07/2021
05/04/2016
54417/16
02/11/2016
Petrică ENUȚĂ
1954Ovidiu Chiriac
Brașov
24/01/2017
07/05/2021
The first letter sent to the applicant’s representative was handed over to the representative’s mother on 02/10/2020
The letter sent to the applicant, who is in prison, was handed over to a representative of prison authorities on 27/05/2021
04/06/2021
In detention at Botoșani Prison.
55672/16
14/09/2016
Costel DĂBULICI
1982
12/03/2019
11/06/2021
25/06/2021
Illegible signature
09/07/2021
In detention at Pelendava Prison.
58497/16
25/10/2016
Elisei-Mihăiță SIMION
1994
09/11/2017
12/05/2021
21/05/2021
Signed for receipt by the applicant’s sister
09/06/2021
17/10/2017
66048/16
06/12/2016
Cristian-Mitică VÎRLAN
1987
03/05/2017
03/06/2021
23/06/2021
Signed for receipt by the applicant’s sister
01/07/2021
25/04/2017
69457/16
10/11/2016
Stelian DĂNILĂ
1971
10/11/2016
07/05/2021
20/05/2021
Signed for receipt by a representative of prison authorities
04/06/2021
In detention at Iași Prison.
79278/16
25/01/2017
Marius DUMITRU
1977
07/09/2020
12/05/2021
15/05/2021
Illegible signature
09/06/2021
06/01/2017
130/17
06/03/2017
Dumitru GĂMAN
1977
02/06/2017
12/05/2021
24/05/2021
Signed for receipt by the applicant’s wife
09/06/2021
01/05/2019
1506/17
27/06/2017
Florin LINGURAR
1978
07/08/2018
07/05/2021
21/05/2021
Signed for receipt by a representative of prison authorities
04/06/2021
In detention at Gherla Prison.
16887/17
28/03/2017
Cristian OLARIU
1983
25/10/2017
03/06/2021
15/06/2021
Illegible signature
01/07/2021
04/10/2017
31858/17
19/04/2017
Iuliu-Dezideriu FLORIAN
1976Marius Avram Vârtop
Oradea
19/04/2017
03/06/2021
14/06/2021
Illegible signature
01/07/2021
18/01/2017
18004/18
05/04/2018
Dorin-Grigore SIMA
1981Ana Maria Loredana Ciobotaru
Galați
18/05/2018
03/06/2021
15/06/2021
Illegible signature
01/07/2021
In detention at Gherla Prison.
8793/20
03/03/2020
Tudorel Dumitru PRUNÄ‚
1987
22/09/2020
03/06/2021
15/06/2021
Signed for receipt by a representative of prison authorities
01/07/2021
In detention at Arad Prison.
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