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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

  • Inbound citations: 2
  • Cited paragraphs: 0
  • Outbound citations: 0

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

Cited paragraphs only

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.

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

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