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MIHALACHE AND OTHERS v. ROMANIA

Doc ref: 33413/16;35121/16;39010/16 • ECHR ID: 001-206107

Document date: October 15, 2020

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MIHALACHE AND OTHERS v. ROMANIA

Doc ref: 33413/16;35121/16;39010/16 • ECHR ID: 001-206107

Document date: October 15, 2020

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 33413/16 Dan- Sorin MIHALACHE against Romania and 2 other applications

( s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 15 October 2020 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 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 (“the Government”), who submitted observations on the admissibility and merits.

By letters sent by registered post on the dates indicated in the appended table, the applicants were invited to inform the Court about any developments or changes in their situation at the domestic level. The applicants ’ attention was 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) and there are no previous letters from the applicants informing the Court about a change of address. 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 application s out of its list of cases.

Done in English and notified in writing on 5 November 2020.

Liv Tigerstedt 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

Date of the

Court ’ s

registered letter

Date of receipt of

the registered letter

Time-limit for submission by the applicant of the

information requested

Date of the applicant ’ s

release from prison indicated by the Government

33413/16

03/06/2016

Dan- Sorin MIHALACHE

1981Mircea Narcis -Dacian

Sebis

04/07/2016

12/02/2020

20/02/2020

(Signed by the applicant)

11/03/2020

29/06/2020

35121/16

26/08/2016

Neculai BOBOCEA

1991

26/08/2016

12/02/2020

Returned to the Court as “recipient moved” on 21/02/2020

11/03/2020

17/07/2018

39010/16

27/06/2016

Florin ZGRIBUÅ¢

1968

27/06/2016

24/02/2020

Returned to the Court as “recipient moved” on 02/03/2020

23/03/2020

17/09/2018

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

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