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CRĂCIUN v. ROMANIA

Doc ref: 65992/13 • ECHR ID: 001-156563

Document date: July 2, 2015

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CRĂCIUN v. ROMANIA

Doc ref: 65992/13 • ECHR ID: 001-156563

Document date: July 2, 2015

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 65992/13 Constantin Cătălin CRĂCIUN against Romania

The European Court of Human Rights ( Third Section ), sitting on 2 July 2015 as a committee composed of:

Luis López Guerra , President, Johannes Silvis , Valeriu Griţco , judges, and Hasan Bakırcı, Acting Deputy Section Registrar ,

Having regard to the above application lodged on 10 October 2013 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Constantin Cătălin Crăciun , is a Romanian national, who was born in 1983 and is detained in the Rahova Penitentiary. He was represented before the Court by Mr M.C. Țifescu , a lawyer practising in Bacău .

The Romanian Government (“the Government”) were represented by their Agent, Mrs C. Brumar , of the Ministry of Foreign Affairs.

The applicant ’ s complaints under Article 3 concerning conditions of detention were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry ’ s letter.

By letter dated 18 February 2015 , sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of his observations had expired on 18 November 2014 and that no extension of time had been requested. The applicant ’ s representative ’ s 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 applicant ’ s representative received this letter on 9 March 2015 . However, no response has been received.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, 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 case.

In view of the above, it is appropriate to strike the case 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 23 July 2015 .

Hasan Bakırcı Luis López Guerra              Acting Deputy Registrar President

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