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CIOBANU AND OTHERS v. ROMANIA

Doc ref: 41931/16, 42083/16, 45758/16, 45936/16, 46109/16, 46267/16, 46529/16, 46584/16, 47335/16, 47427/16, ... • ECHR ID: 001-211152

Document date: June 17, 2021

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CIOBANU AND OTHERS v. ROMANIA

Doc ref: 41931/16, 42083/16, 45758/16, 45936/16, 46109/16, 46267/16, 46529/16, 46584/16, 47335/16, 47427/16, ... • ECHR ID: 001-211152

Document date: June 17, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 41931/16 Ștefăniță CIOBANU against Romania and 15 other applications

(s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 17 June 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 application s 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 8 July 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

41931/16

04/08/2016

Ștefăniță CIOBANU

1984

04/08/2016

14/10/2020

22/10/2020

Signed for receipt by the applicant

25/11/2020

11/01/2018

42083/16

05/08/2016

Iosif -Sergiu TINCA

1988

10/11/2016

14/10/2020

22/10/2020

Handed over to the recipient (according to information on the website of the Romanian Post)

25/11/2020

18/09/2018

45758/16

26/09/2016

Florin NICA

1982

28/11/2016

25/09/2020

08/10/2020

Illegible signature

06/11/2020

According to the Government ’ s observations of 20/01/2020, the applicant was still in detention at Jilava Prison at the time.

45936/16

19/06/2016

Laurențiu VASILE

1979

23/09/2016

05/10/2020

20/10/2020

Signed for receipt by the

applicant ’ s sister

16/11/2020

27/06/2018

46109/16

02/09/2016

Géza BUDAI

1985

04/07/2017

05/10/2020

26/10/2020

Signed for receipt by the

applicant ’ s brother

16/11/2020

11/11/2017

46267/16

23/08/2016

Mihai MILA

1972

23/08/2016

07/10/2020

19/10/2020

Signed for receipt by a relative

18/11/2020

11/07/2018

46529/16

24/08/2016

Petre FLOREA

1988

24/08/2016

07/10/2020

20/10/2020

Handed over to the recipient (according to information on the website of the Romanian Post)

18/11/2020

According to the Government ’ s observations of 21/01/2020, the applicant was still in detention at Rahova Prison at the time.

46584/16

01/08/2016

Ion Constantin NUCȘOIU

1982

20/04/2018

07/10/2020

20/10/2020

Signed for receipt by Codlea Prison ’ s representative

18/11/2020

According to the Government ’ s observations of 21/01/2020, the applicant was still in detention at Codlea Prison at the time.

47335/16

18/11/2016

Neculai -Cezar STAN

1978

02/06/2017

07/10/2020

19/10/2020

Signed for receipt by the

applicant ’ s mother

18/11/2020

25/09/2018

47427/16

11/10/2016

Marius-Marian GIUȘCĂ

1983

11/10/2016

12/10/2020

21/10/2020

Signed for receipt by the

applicant ’ s mother

23/11/2020

15/08/2018

47522/16

03/10/2016

Nicolae EFIMOV

1986Florinela Ghiribeajă

Constanța

03/10/2016

12/10/2020

23/10/2020

Illegible signature

23/11/2020

28/10/2016

48870/16

03/11/2016

Mihăiţă ARAMĂ

1990

16/05/2018

14/10/2020

23/10/2020

Illegible signature

25/11/2020

24/05/2018

54636/16

18/10/2016

Costel DUMITRU

1981

24/04/2018

12/10/2020

19/10/2020

Signed for receipt by Rahova Prison ’ s representative

23/11/2020

According to the Government ’ s observations of 13/02/2020, the applicant was still in detention at Rahova Prison at the time.

73167/16

13/03/2017

Sebastian LĂCĂTUȘ

1996

13/03/2017

29/01/2021

15/02/2021

Illegible signature

12/03/2021

03/10/2018

10107/17

28/02/2017

Florin- Ciprian CIOBANU

1985

28/02/2017

29/09/2020

21/10/2020

Illegible signature

10/11/2020

According to the Government ’ s observations of 18/02/2020, the applicant was still in detention at Găești Prison at the time.

12378/17

13/03/2017

Sebastian Marius COSTACHE

1994Daniela Galan

Cernavodă

15/02/2018

29/09/2020

12/10/2020

Handed over to the recipient (according to information on the website of the Romanian Post)

10/11/2020

According to the Government ’ s observations of 18/02/2020, the applicant was still in detention at Tulcea Prison at the time.

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

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