RUSU AND OTHERS v. ROMANIA
Doc ref: 59222/16;72173/16;6184/17;10542/17;23808/17;26011/17;37195/17;45339/17;72090/17;73913/17 • ECHR ID: 001-219816
Document date: September 8, 2022
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FOURTH SECTION
DECISION
Application no. 59222/16 Vasile Marius RUSU against Romania and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 8 September 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, who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received by the Court.
By letters sent by registered post, the applicants were notified that the time allowed for the submission of their observations had expired (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. No reply to these letters has been received by the Court (see details in the appended table) and there are no previous letters from the applicants informing the Court about the change of address.
All applicants have been released from prison.
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, 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 29 September 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 the
Court’s
registered
letter
Date of receipt
of the registered
letter
New time-limit
for submission
of observations
by the
applicant
Date of the
applicant’s
release
from prison
59222/16
14/11/2016
Vasile Marius RUSU
1993
03/03/2017
16/09/2021
According to the Post Service,
returned to sender on 11/10/2021
28/10/2021
15/06/2017
72173/16
13/02/2017
Theodor SĂCĂLEANU
1969Daniela Arhire
Iași
29/10/2020
11/10/2021
20/10/2021
Signed for by the representative -lawyer
22/11/2021
22/11/2016
6184/17
15/02/2017
Alexandru CRISTOFAN
1988
17/02/2021
23/07/2021
03/08/2021
Signed by a relative
03/09/2021
23/05/2017
10542/17
14/04/2017
Gheorghe-Daniel IONESCU
1977
08/12/2020
23/07/2021
02/08/2021
Signed by the addressee
03/09/2021
17/11/2016
23808/17
20/03/2017
Otto-Oliver HORVATH
1986
03/03/2020
11/10/2021
According to the Post Service,
returned to sender on 20/10/2021
22/11/2021
28/02/2017
26011/17
04/05/2017
Marius BĂLTEANU
1977
20/07/2017
11/10/2021
According to the Post Service,
returned to sender on 01/11/2021
22/11/2021
16/05/2017
37195/17
11/05/2017
Marian CONSTANTIN
1979
28/04/2021
16/09/2021
29/09/2021
Signed by a relative
28/10/2021
23/11/2016
45339/17
25/07/2017
Mircea BUTUC
1977
11/09/2017
11/10/2021
Returned as ‘unclaimed’ on 01/12/2021
22/11/2021
29/08/2017
72090/17
29/09/2017
Nicolae CANTARAGIU
1976Silvica Petrovici
Bacău
25/09/2020
11/10/2021
20/10/2021
Signed for by the representative -lawyer
22/11/2021
27/06/2017
73913/17
09/10/2017
Gabriel-Ionuț IONIȚĂ
1970
13/10/2017
11/10/2021
According to the Post Service,
returned to sender on 01/11/2021
22/11/2021
11/04/2017
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