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TUDORACHE AND OTHERS v. ROMANIA

Doc ref: 1268/16;27326/16;37549/16;39246/16;61271/16;72759/16;2348/17;4612/17;12288/17;18035/17 • ECHR ID: 001-208784

Document date: February 18, 2021

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TUDORACHE AND OTHERS v. ROMANIA

Doc ref: 1268/16;27326/16;37549/16;39246/16;61271/16;72759/16;2348/17;4612/17;12288/17;18035/17 • ECHR ID: 001-208784

Document date: February 18, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 1268/16 Ifim TUDORACHE against Romania and 9 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 18 February 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 the applicants have been released from prison.

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 11 March 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 and reason of

return of the

registered letter

New time-limit for submission

of observations by the applicant

Date of the

applicant ’ s

release from prison

1268/16

18/12/2015

Ifim TUDORACHE

1971

06/01/2016

14/10/2020

30/10/2020

Letter returned as “unclaimed”

25/11/2020

17/11/2017

27326/16

01/06/2016

Marius-Daniel TRUȚĂ

1974

21/03/2017

14/10/2020

30/10/2020

Letter returned as “unclaimed”

25/11/2020

21/02/2018

37549/16

22/08/2016

Cristian CIUCÄ‚

1989

03/10/2016

14/10/2020

23/10/2020

Letter returned as recipient “moved”

25/11/2020

07/03/2018

39246/16

03/08/2016

Nicolae DONCIU

1981

21/11/2016

12/10/2020

27/10/2020

Letter returned as recipient “moved”

23/11/2020

22/05/2018

61271/16

20/01/2017

Nicolae ANDREIAȘ

1985

31/01/2017

14/10/2020

06/11/2020

Letter returned as “unclaimed”

25/11/2020

04/12/2018

72759/16

02/03/2017

Mădălin -Cristian BUZNEAN

1988

08/03/2017

12/10/2020

13/11/2020

Letter returned as “unclaimed”

23/11/2020

18/02/2019

2348/17

27/02/2017

Robert-Iulian GHEORGHE

1985

06/03/2017

12/10/2020

13/11/2020

Letter returned as “unclaimed”

23/11/2020

23/11/2017

4612/17

15/12/2016

IonuÈ› -Radu BOÈšOTEANU

1980

22/02/2017

12/10/2020

06/11/2020

Letter returned as “unclaimed”

23/11/2020

11/04/2018

12288/17

28/03/2017

IonuÈ› Gheorghe TITIRIGÄ‚

1992

06/08/2020

08/10/2020

22/10/2020

Letter returned as recipient “moved”

19/11/2020

25/12/2018

18035/17

15/05/2017

Gheorghe BUÈšOI

1982

22/05/2017

13/11/2020

03/12/2020

Letter returned as recipient “moved”

08/01/2021

11/11/2018

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