FOURTH SECTION

DECISION

Application no. 23866/16 Mihai MUREȘAN against Romania

The European Court of Human Rights (Fourth Section), sitting on 21 January 2021 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 22 July 2016 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mihai Mureșan , was born on 7 November 1984.

The applicant ’ s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”) , who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit observations in reply. Since the applicant was represented by Mr A.V. Țigan , a detainee as well, the Registry sent that letter to Mr Tigan . On 15 July 2020 Mr Tigan notified the Court that he was no longer in contact with the applicant and that the latter might have been released.

Following that reply, the Registry resent the letter to the applicant ’ s home address. The letter returned on 3 August 2020, mentioning “the recipient is in detention”. The Registry therefore sent another letter to the prison where the applicant appeared to have been detained according to the information submitted by the Government on 18 December 2019.

On 26 November 2020 the prison authorities notified the Court that the applicant had refused to receive the letter, claiming that he had never lodged an application before the Court. The prison authorities indicated the date of birth of the addressee which corresponds to the applicant ’ s date of birth in the present application.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 11 February 2021 .

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Liv Tigerstedt Armen Harutyunyan              Acting Deputy Registrar President