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BURLIBAȘA AND OTHERS v. ROMANIA
Doc ref: 44503/16;49100/19;12134/20;24558/20;33262/20;34803/20;36048/20;37826/20;39789/20 • ECHR ID: 001-216047
Document date: February 3, 2022
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BURLIBAȘA AND OTHERS v. ROMANIA
Doc ref: 44503/16;49100/19;12134/20;24558/20;33262/20;34803/20;36048/20;37826/20;39789/20 • ECHR ID: 001-216047
Document date: February 3, 2022
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 44503/16 Aurel BURLIBAȘA against Romania and 8 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 3 February 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.
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 24 February 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 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
44503/16
22/08/2016
Aurel BURLIBAȘA
1972
08/06/2017
23/08/2021
01/09/2021
Signed by a relative of the applicant
04/10/2021
23/05/2017
49100/19
10/10/2019
Adrian KÖRÖSI
1976
19/05/2020
22/09/2021
Letter returned to sender on 22/11/2021
as “refused”
03/11/2021
24/11/2020
12134/20
11/08/2020
Fidelio POPA
1956
19/05/2021
23/09/2021
01/10/2021
Signed by a relative of the applicant
04/11/2021
07/05/2021
24558/20
03/08/2020
Loredan-Paul SIBIAN
1989
18/08/2020
15/09/2021
29/09/2021
Illegible signature
27/10/2021
27/09/2020
33262/20
20/08/2020
László GÁBOR
1983
17/05/2021
15/09/2021
27/09/2021
Signed by a relative of the applicant
27/10/2021
05/05/2021
34803/20
26/08/2020
Dumitru-Ion SPIRIDON
1984
03/02/2021
15/09/2021
27/09/2021
Illegible signature
27/10/2021
20/01/2020
36048/20
14/09/2020
Constantin ÈšURNÄ‚
1967
01/02/2021
15/09/2021
27/09/2021
Signed by the applicant
27/10/2021
03/12/2020
37826/20
16/09/2020
Achim-Ion JURCA
1975
16/10/2020
15/09/2021
28/09/2021
Signed by the prison representative
27/10/2021
-
39789/20
28/09/2020
Gheorghe ȘERBAN
1991
15/10/2020
15/09/2021
27/09/2021
Illegible signature
27/10/2021
19/01/2021
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