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
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 0
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.
LEXI - AI Legal Assistant
