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MIHALCEA AND OTHERS v. ROMANIA

Doc ref: 52255/16;53104/16;53294/16;58050/16;58054/16;59114/16;9846/17 • ECHR ID: 001-209934

Document date: April 8, 2021

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MIHALCEA AND OTHERS v. ROMANIA

Doc ref: 52255/16;53104/16;53294/16;58050/16;58054/16;59114/16;9846/17 • ECHR ID: 001-209934

Document date: April 8, 2021

Cited paragraphs only

FOURTH SECTIO N

DECISION

Application no. 52255/16 Maricica MIHALCEA

against Romania and 6 other applications

(s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 8 April 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), all applicants were released from prison 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 29 April 2021 .

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

52255/16

26/09/2016

Maricica MIHALCEA

1968

18/11/2016

19/10/2020

03/11/2020

Handed over to the recipient

(according to information on the website of the Romanian Post)

27/11/2020

24/01/2018

53104/16

28/09/2016

Florian- Ionel BĂLĂCEANU

1988

07/03/2017

19/10/2020

26/10/2020

Signed for receipt by the applicant’s sister

27/11/2020

08/11/2017

53294/16

18/10/2016

Ioan CÃŽRMACIU

1966

19/12/2019

19/10/2020

27/10/2020

Signed for receipt by the applicant

27/11/2020

05/11/2019

58050/16

07/12/2016

Emil NICOLA

1948

15/12/2016

19/10/2020

27/10/2020

Signed for receipt by the applicant’s mother

27/11/2020

16/05/2017

58054/16

26/09/2016

Doru-Vasile GLONÈš

1970Ioana Popescu

Pite ÅŸ ti

06/10/2016

19/10/2020

27/10/2020

Illegible signature

27/11/2020

29/01/2019

59114/16

16/12/2016

Cristian ROTH

1989

05/01/2017

19/10/2020

27/10/2020

Illegible signature

27/11/2020

29/11/2017

9846/17

13/03/2017

Daniel MIHAI

1976

20/03/2017

19/10/2020

30/10/2020

Signed for receipt by the applicant’s daughter

27/11/2020

06/02/2018

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

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