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DUCA v. ROMANIA

Doc ref: 14565/16 • ECHR ID: 001-181302

Document date: February 1, 2018

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DUCA v. ROMANIA

Doc ref: 14565/16 • ECHR ID: 001-181302

Document date: February 1, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 14565/16 Gheorghe DUCA against Romania

The European Court of Human Rights (Fourth Section), sitting on 1 February 2018 as a Committee composed of:

Vincent A. De Gaetano, President, Georges Ravarani, Marko Bošnjak, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 13 April 2016 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Gheorghe Duca, was born in 1985.

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.

On 29 September 2016 the applicant was notified to Aiud Penitentiary, as indicated in the application form, of the communication of his application to the Government. This letter was returned to the Court with the mention: “released on 5 September 2016”. Accordingly, following correspondence was sent to the applicant ’ s home address.

By letter dated 30 May 2017, sent by registered post, the applicant was notified, for information, about the Government ’ s submissions. The letter was returned to the Court with the following mention: “recipient in detention, readdressed to Aiud Penitentiary” and, from Aiud Penitentiary with the mention: “released on 5 September 2016”.

The applicant has not informed the Court about any change in his correspondence address or about being released from penitentiary. He has not to date resumed his correspondence with the Court.

THE LAW

In the light of the foregoing, t he Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 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 22 February 2018 .

             Liv Tigerstedt Vincent A. De Gaetano              Acting Deputy Registrar President

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