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NIŢU AND OTHERS v. ROMANIA
Doc ref: 6041/17;12282/17;12435/17;17309/17 • ECHR ID: 001-219341
Document date: August 25, 2022
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NIŢU AND OTHERS v. ROMANIA
Doc ref: 6041/17;12282/17;12435/17;17309/17 • ECHR ID: 001-219341
Document date: August 25, 2022
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 6041/17 Gabriel NIÅ¢U against Romania and 3 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 August 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 appended table.
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 of their response and that they were provided with a new deadline for submitting a response and to manifest their interests in continuation of the proceedings before the Court (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.
All these letters returned to the Court as unclaimed (see details in the appended table) 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 the application to the Government, no reply was received to the first letter and the second letter was returned to the Court as unclaimed, 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 15 September 2022.
{signature_p_2}
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 receipt
of the registered letter
New time ‑ limit
for submission
of response
by the
applicant
Date of the
applicant’s
release
from prison
6041/17
10/02/2017
Gabriel NIÅ¢U
1967
07/04/2021
14/10/2021
31/03/2022
12/04/2022
Illegible signature
28/04/2022
08/02/2017
12282/17
26/01/2017
Eugen ‑ Ion COJOCEL
1971Cozmin Umbrărescu
Bacău
26/04/2017
14/10/2021
31/03/2022
11/04/2022
Delivered to the applicant’s mailbox
28/04/2022
29/11/2016
12435/17
20/01/2017
Marius MUCIONIU
1977
20/01/2017
14/10/2021
31/03/2022
Letter returned to sender on 03/05/2022
28/04/2022
26/07/2016
17309/17
23/02/2017
Constantin TOFAN
1976Gabriel Traian Ciontea
Bucharest
09/05/2017
14/10/2021
31/03/2022
31/03/2022
(according to the Court’s Electronic Communication Service “ecomms”)
28/04/2022
24/08/2016
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