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DOBRE AND OTHERS v. ROMANIA
Doc ref: 35388/16;35636/16;38556/16;39890/16;60270/16 • ECHR ID: 001-221086
Document date: October 20, 2022
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DOBRE AND OTHERS v. ROMANIA
Doc ref: 35388/16;35636/16;38556/16;39890/16;60270/16 • ECHR ID: 001-221086
Document date: October 20, 2022
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 35388/16 Victor DOBRE against Romania and 4 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.
As no reply was received by the Court from the applicants within the provided deadline, the Government submitted unilateral declarations with a view to resolving the issues raised by these complaints. Still no reply was received by the Court from the applicants within the newly 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 of their response and that they were provided with a new deadline for submitting a response (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 dates back several years as well (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, following the communication of their applications to the Government, no reply was received from the applicants, 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
Date of the
applicant’s
last letter to
the Court
Date of
communication
Date of the
Court’s
registered
letter
Date of receipt/return
of the
registered
letter
New time-limit
for submission
of
response
by the
applicant
Date of the
applicant’s
release
from prison
35388/16
05/07/2016
Victor DOBRE
1955
10/07/2017
20/05/2021
15/06/2022
23/06/2022
Received by the applicant
13/07/2022
04/07/2017
35636/16
19/07/2016
Ion DOBRE
1967
02/06/2017
20/05/2021
15/06/2022
23/06/2022
Returned to sender
13/07/2022
03/05/2017
38556/16
04/10/2016
Valerică APOSTOL
1985
19/12/2016
20/05/2021
15/06/2022
20/06/2022
Received by the applicant
13/07/2022
13/12/2016
39890/16
04/08/2016
Anton VLAD
1972
07/03/2018
20/05/2021
01/02/2022
07/02/2022
Returned to sender
15/03/2022
03/08/2016
60270/16
16/11/2016
Nicolae ULÄ‚REANU
1975
14/09/2017
20/05/2021
15/06/2022
27/06/2022
Returned to sender
13/07/2022
16/08/2017
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