AL-BARRI AND OTHERS v. ROMANIA
Doc ref: 6742/06, 60147/08, 46126/09, 24244/10, 60878/11, 65260/11, 3067/12, 42017/12, 66696/12, 20642/13, 38... • ECHR ID: 001-159729
Document date: December 3, 2015
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FOURTH SECTION
DECISION
Application no . 6742/06 Kamal AL-BARRI against Romania and 12 other applications (see list appended)
The European Court of Human Rights ( Fourth Section ), sitting on 3 December 2015 as a Committee composed of:
Vincent A. D e Gaetano , President, Egidijus KÅ«ris , Gabriele Kucsko-Stadlmayer , judges, and Karen Reid , Section Registrar ,
Having regard to the above applications lodged on the various dates indicated in the appended table ,
H aving deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the append ed table .
The applicants ’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings (applications nos. 6742/06, 46126/09, 24244/10, 3067/12, 66696/12, 38434/13) and the excessive length of criminal proceedings (applications nos. 60147/08, 60878/11, 65260/11, 42017/12, 20642/13, 568/14, 569/14) were communicated to the Romanian Government (“the Government”).
The Government submitted their observations on the admissibility and merits in applications nos. 6742/06, 24244/10, 3067/12, 66696/12, 20642/13, 568/14 and 569/14 . The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received in relation to the observations .
The Government submitted proposals to secure the cases by means of friendly settlement in applications nos. 60147/08, 46126/09, 60878/11, 65260/11, 42017/12 and 38434/13 and signed declarations of friendly settlement were forwarded to the applicants in order to indicate their position. No response was given to the proposals.
By letter s dated as indicated in the appended table , sent by registered post, the applicants were notified that the period allowed for submission of their observations and respectively for submission of their position with regard to the friendly settlement had expired on the dates mentioned in the appendix and that no extension of time had been requested. The applicants ’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicants received th e letter s on the dates specified in the appended table or left them unclaimed (applications nos. 60147/08, 46126/09, 24244/10) . However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of 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 its Protocols which require the continued examination of the cases.
In view of the above, it is appropriate to strike the case s 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 7 January 2016 .
Karen Reid Vincent A. De Gaetano Registrar President
APPENDIX
L ist of applicants
No
Application no
Date of introduction
Applicant name
Date of birth
Time- limit for submitting observations/ indicating position in relation to frie ndly settlement
Letter sent to applicants pursuant to Article 37 § 1 (a) of the Convention
Letter received by applicants
(no answer provided)
6742/06
07/02/2006
Kamal AL-BARRI
10/08/1964
21/04/2015
26/08/2015
07/09/2015
60147/08
29/11/2008
Armenia TOMA
14/04/1962
Aurel TOMA
21/04/1963
18/09/2015
19/08/2015
Unclaimed: returned unopened to the Court on
7 October 2015
46126/09
05/06/2009
S.C. METALEXPORTIMPORT S.A.
15/06/2015
03/09/2015
Unclaimed : returned unopened to the Court on
13 October 2015
24244/10
14/04/2010
Eleonora STAICU
23/10/1962
08/06/2015
25/08/2015
Unclaimed : returned unopened to the Court on
1 October 2015
60878/11
21/09/2011
Sandu VR NCEANU
30/04/1960
18/09/2015
19/08/2015
28 /0 8 /2015
65260/11
20/09/2011
Ionel ÅžTIUBE
01/03/1972
18/09/2015
19/08/2015
27/08/2015
3067/12
21/12/2011
Romulus PETRESCU
02/11/1952
08/06/2015
25/08/2015
01/09/2015
42017/12
29/06/2012
Ion ÅžTIRBU
21/05/1961
18/09/2015
19/08/2015
28/08/2015
66696/12
25/09/2012
Valeria BARIZ
30/01/1925
21/04/2015
25/08/2015
09/09/2015
20642/13
12/03/2013
Robert TANKO
29/11/1975
19/01/2015
09/04/2015
20/04/2015
38434/13
05/06/2013
Maria Dorotheea BODNÄ‚RESCU
20/04/1924
05/06/2014
25/03/2015
02/04/2015
568/14
18/12/2013
Mihail Adrian TONEA
11/03/1970
22/01/2015
09/04/2015
29/04/2015
569/14
18/12/2013
Nicolae Cristian FOTESCU
11/09/1968
22/01/2015
09/04/2015
29/04/2015