THIRD SECTION

DECISION

Application no . 60986/10 Lefter SIMION against Romania

The European Court of Human Rights (Third Section), sitting on 11 September 2012 as a Committee composed of:

Alvina Gyulumyan, President, Ineta Ziemele, Kristina Pardalos, judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 11 October 2010,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Lefter Simion, is a Romanian national, who was born in 1964 and lives in Movila Miresii. The Romanian Government (“the Government”) were represented by their Agent, Ms I. Cambrea, from the Ministry of Foreign Affairs.

Relying in substance on Article 3 of the Convention, the applicant alleged that the conditions of detention in Poarta Albă Prison were inappropriate and amounted to inhuman and degrading treatment owing to poor hygiene conditions, pest infestations (cockroaches and bed bugs), poor food quality, a lack of access to water for more than thirty minutes a week, the obligation to share his cell with detainees suffering from tuberculosis and hepatitis and the lack of adequate medical treatment on account of lack of funding. Invoking Article 4 of the Convention the applicant complained that he was forced to work by the Poarta Albă Prison authorities even after he became ill. Relying on Article 14 of the Convention the applicant complained that he was subjected to inhuman and degrading detention conditions on account of his Roma origin. Invoking in substance Article 10 of the Convention the applicant complained of a breach of his right to freedom of expression in so far as he was not allowed by the prison authorities to freely express his opinion about the living and working conditions in Poarta Albă Prison.

The applicant ’ s complaints under Article 3 of the Convention concerning the conditions of detention and the lack of adequate medical care in Poarta Albă Prison were communicated to the Government, who submitted their observations on the admissibility and merits on 22 December 2011. The observations were forwarded to the applicant, who was invited to submit his own observations.

By letter dated 18 May 2012, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 3 April 2012 and that no extension of time had been requested. The applicant ’ 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 received this letter on 28 April 2012. 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.

Marialena Tsirli Alvina Gyulumyan Deputy Registrar President