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BÎRZU AND OTHERS v. ROMANIA

Doc ref: 40513/16;43105/16;43217/16;45837/16;61509/16 • ECHR ID: 001-210632

Document date: May 20, 2021

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BÎRZU AND OTHERS v. ROMANIA

Doc ref: 40513/16;43105/16;43217/16;45837/16;61509/16 • ECHR ID: 001-210632

Document date: May 20, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 40513/16 Neculai BÃŽRZU against Romania and 4 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 20 May 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 application s out of its list of cases.

Done in English and notified in writing on 10 June 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

40513/16

29/07/2016

Neculai BÃŽRZU

1972

04/08/2016

06/01/2021

15/01/2021

Letter sent to the applicant’s ID address. Signature illegible

17/02/2021

21/08/2018

43105/16

23/12/2016

Cosmin-Constantin-George ONCIAN

1984

19/05/2020

07/01/2021

15/01/2021

Letter signed by the Craiova Prison’s representative

18/02/2021

11/08/2018

The applicant was reincarcerated and currently in Craiova Prison

43217/16

17/08/2016

Cristi-Ionel CIOBOTÄ‚

1977

29/05/2018

07/01/2021

25/01/2021

Letter sent to the applicant’s ID address signed by the applicant’s father

18/02/2021

09/05/2018

45837/16

03/10/2016

Costel GEANTÃŽC

1968

05/05/2020

13/01/2021

25/01/2021

Letter signed by the Giurgiu Prison’s representative

24/02/2021

In detention at Giurgiu Prison

61509/16

18/01/2017

Jalal Charif CHARAF

1964

25/04/2017

27/01/2021

02/03/2021

Letter sent to the applicant’s ID address and delivered in the country of destination Venezuela (as results from documents extracted from the post office website)

10/03/2021

18/01/2018

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

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