MOLDOVAN AND OTHERS v. ROMANIA
Doc ref: 9939/16;13682/16;29945/16;67069/16;14871/17;15028/17;24771/17 • ECHR ID: 001-212233
Document date: September 9, 2021
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FOURTH SECTION
DECISION
Application no. 9939/16 Nicolae-Florin MOLDOVAN against Romania and 6 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 9 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 30 September 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
9939/16
11/03/2016
Nicolae-Florin MOLDOVAN
1992
28/03/2019
13/04/2021
Returned to the Court on 09/05/2021 as “recipient moved”
11/05/2021
28/01/2021
13682/16
28/03/2016
Florin-Ionel LINCÄ‚
1980
09/02/2018
20/04/2021
28/04/2021
Signed for receipt by the applicant
18/05/2021
17/05/2019
29945/16
23/05/2016
Neculai APETRE
1969
15/12/2020
13/04/2021
20/04/2021
Illegible signature
11/05/2021
10/12/2019
67069/16
11/04/2017
Robert-Drivian BACALU
1980
11/04/2017
23/04/2021
10/05/2021
Illegible signature
21/05/2021
28/12/2016
14871/17
24/03/2017
Emanuel-Valențiu MIHAI
1991
21/07/2017
23/04/2021
04/05/2021
Illegible signature
21/05/2021
20/06/2017
15028/17
13/03/2017
Alin MIHAI
1988
13/03/2017
23/04/2021
06/05/2021
Signed for receipt by a relative
21/05/2021
23/05/2017
24771/17
26/04/2017
Petre BOÅ¢OTEANU
1953
26/04/2017
23/04/2021
05/05/2021
Signed for receipt by the applicant
21/05/2021
12/06/2017
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