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APOSTU AND OTHERS v. ROMANIA
Doc ref: 60359/15;13834/16;19419/16;20582/16;23252/16 • ECHR ID: 001-204957
Document date: September 3, 2020
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APOSTU AND OTHERS v. ROMANIA
Doc ref: 60359/15;13834/16;19419/16;20582/16;23252/16 • ECHR ID: 001-204957
Document date: September 3, 2020
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 60359/15 Marinel-Viorel APOSTU against Romania
and 4 other applications
( see appended list)
The European Court of Human Rights (Fourth Section), sitting on 3 September 2020 as a Committee composed of:
Stéphanie Mourou-Vikström , President, Georges Ravarani, Jolien Schukking, 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. The observations were forwarded to the applicants, who were invited to submit their own observations.
By letters sent by registered post, the applicants were notified that the time allowed for the submission of their observations or of certain requested information 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) 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 applications out of its list of cases.
Done in English and notified in writing on 24 September 2020 .
Liv Tigerstedt Stéphanie Mourou-Vikström 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
Date of birth
Representative ’ s name and location
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
60359/15
23/02/2016
Marinel-Viorel APOSTU
08/06/1976
Vasile Micu
Galați
13/11/2019
19/11/2019
Signed by the mother of the applicant ’ s lawyer
02/01/2020
05/02/2019
13834/16
26/03/2016
Ionuț-Cătălin PORNEALĂ
27/12/1981
21/11/2019
Returned as “unclaimed”
06/01/2020
22/11/2017
19419/16
23/05/2016
Petru POPOI
06/05/1971
13/11/2019
21/11/2019
Signed by the applicant ’ s sister
02/01/2020
28/12/2017
20582/16
19/05/2016
Ion BĂBUȘ
07/08/1957
13/11/2019
21/11/2019
Signed by the applicant
02/01/2020
20/05/2019
23252/16
29/05/2016
Alexandru-Laurenţiu BĂESCU
10/05/1981
13/11/2019
27/11/2019
Signed by the applicant
02/01/2020
13/12/2017
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