TOIEA v. ROMANIA
Doc ref: 16973/16 • ECHR ID: 001-217682
Document date: May 5, 2022
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FOURTH SECTION
DECISION
Application no. 16973/16 Ciprian-IonuÈ› TOIEA against Romania
The European Court of Human Rights (Fourth Section), sitting on 5 May 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 application lodged on 4 May 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ciprian-IonuÈ› Toiea, was born in 1984.
The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”), who submitted observations on the admissibility and merits.
By letter sent by registered post on 2 July 2020 to the detention facility indicated by the applicant as address of correspondence, the applicant was invited to inform the Court about any developments or changes in his situation at the domestic level. That letter was returned to the Court by the prison administration, with the information that the applicant is no longer in detention.
On 1 September 2020 the Registry re-sent the letter, by registered post, to the applicant’s home address, requesting him to reply by 29 September 2020. The applicant’s attention was 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 letter was handed over on 11 September 2020.
No reply to this letter has been received by the Court. His last correspondence with the Court dates from 26 September 2018.
THE LAW
In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 application.
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.
Done in English and notified in writing on 25 May 2022.
Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President
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