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RADU AND OTHERS v. ROMANIA
Doc ref: 35238/16;35407/16;35882/16;37460/16;39086/16;12139/17;35053/17;39079/17 • ECHR ID: 001-221085
Document date: October 20, 2022
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RADU AND OTHERS v. ROMANIA
Doc ref: 35238/16;35407/16;35882/16;37460/16;39086/16;12139/17;35053/17;39079/17 • ECHR ID: 001-221085
Document date: October 20, 2022
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 35238/16 Viorel RADU against Romania and 7 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 20 October 2022 as a Committee composed of:
Armen Harutyunyan , President , Jolien Schukking, Ana Maria Guerra Martins , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications 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 (see the appended table for the relevant dates), the friendly settlement procedure being set in motion through the offices of the Registrar upon communication.
No reply was received by the Court from the applicants within the provided deadline. By letters sent by registered post, the applicants were notified that the Court received no response within the time allowed for the submission thereof (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.
The registered letters either returned to the Court as unclaimed or were received by the applicants (see details in the appended table). No reply to the letters has been received by the Court and there are no previous letters from the applicants informing the Court about the change of address. Even though all the applicants had been released from prison several years before the date of this decision, the last correspondence from them also dates back several years (see the appended table for the relevant dates).
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, in the absence of any correspondence from the applicants for several years and considering that no reply was received to the Court’s letters, 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 10 November 2022.
Viktoriya Maradudina Armen Harutyunyan 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
Year of birth
Representative’s name and location
Date of the
applicant’s
last letter to
the Court
Date of
communication
Date of the
Court’s
registered
letter
Date of return
of the
registered
letter
New time-limit
for submission
of
response
by the
applicant
Date of the
applicant’s
release
from prison
35238/16
01/08/2016
Viorel RADU
1980
24/01/2017
21/10/2021
15/06/2022
27/06/2022
(unclaimed)
13/07/2022
20/12/2016
35407/16
25/07/2016
Lucrețiu-Marcel TALIE
1988
03/05/2017
23/09/2021
20/06/2022
30/06/2022
(unclaimed)
18/07/2022
28/03/2017
35882/16
05/10/2016
Duca STÄ‚NESCU
1955
16/11/2016
21/10/2021
10/06/2022
29/06/2022
(unclaimed)
08/07/2022
26/07/2016
37460/16
02/08/2016
Francisc-Florin LĂCĂTUȘU
1979
17/02/2017
26/08/2021
06/07/2022
15/07/2022
(unclaimed)
12/09/2022
07/02/2017
39086/16
24/10/2016
Petrică CONDRUZ
1954
11/01/2017
26/08/2021
06/07/2022
26/07/2022
(unclaimed)
12/09/2022
13/12/2016
12139/17
06/02/2017
Nistor LUNKUI
1978Vasile RareÅŸ Biro
Satu-Mare
23/05/2017
21/10/2021
15/06/2022
28/06/2022
(delivered)
13/07/2022
22/11/2016
35053/17
16/06/2017
Adrian STÄ‚NILÄ‚
1978
21/07/2017
23/09/2021
15/06/2022
27/06/2022
(delivered)
13/07/2022
28/04/2017
39079/17
15/05/2017
Nicolae NICOLESCU
1958
15/05/2017
23/09/2021
15/06/2022
27/06/2022
(delivered)
13/07/2022
22/11/2016
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