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IACOB AND OTHERS v. ROMANIA

Doc ref: 36217/16;41974/16;31265/18;50297/18;30641/19;59089/19;61929/19;8223/20;13132/20 • ECHR ID: 001-215262

Document date: December 9, 2021

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IACOB AND OTHERS v. ROMANIA

Doc ref: 36217/16;41974/16;31265/18;50297/18;30641/19;59089/19;61929/19;8223/20;13132/20 • ECHR ID: 001-215262

Document date: December 9, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 36217/16 Marian IACOB against Romania and 8 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 9 December 2021 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).

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 13 January 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

36217/16

19/07/2016

Marian IACOB

1986

05/05/2020

24/03/2021

07/04/2021

Signed for receipt

by the Brăila Prison representative

08/04/2021

Signed for receipt

by the applicant’s mother

05/05/2021

In detention in Brăila Prison according to the

Government’s observations

of 13/02/2020

41974/16

08/08/2016

Cornel-Ioan ZĂGREAN

1983

08/08/2016

24/03/2021

08/04/2021

Signed for receipt

by the applicant’s mother

08/04/2021

Signed for receipt

by the Bistrița Prison representative

05/05/2021

In detention in Bistrița Prison according to the

Government’s observations

of 09/01/2020

31265/18

17/08/2018

Gheorghe Vijai BOROȘ

1988

17/08/2018

06/05/2021

Returned to the Court on 02/06/2021

(according to the official website of Romania’s Postal Service)

Letter sent to the correspondence address indicated by the applicant

17/06/2021

30/01/2019

50297/18

12/11/2018

Vasile-IonuÈ› FERARU

1982

12/11/2018

12/05/2021

08/06/2021

Signed for receipt

by the Slobozia Prison representative

23/06/2021

In detention in Slobozia Prison

30641/19

27/05/2019

Dumitru STAMATESCU

1977

05/10/2020

31/05/2021

15/06/2021

Signed for receipt

by the Arad Prison representative

12/07/2021

In detention in Arad Prison

59089/19

03/12/2019

Georgian-Daniel COTIGÄ‚

1998

24/02/2020

31/05/2021

Handed over to the applicant on

14/06/2021

(according to the official website of Romania’s Postal Service)

12/07/2021

In detention in Mioveni Prison according to the

Government’s observations

of 15/01/2021

61929/19

30/12/2019

Dénes BARTHA

1994

25/11/2020

31/05/2021

14/06/2021

Signed for receipt

by the Gherla Prison representative

12/07/2021

In detention in Gherla Prison according to the Government’s observations of 15/01/2021

8223/20

04/03/2020

Constantin MOISE

1983

25/01/2021

18/06/2021

01/07/2021

Handed over to the applicant

(according to the official website of Romania’s Postal Service)

30/07/2021

In detention in Mărgineni Prison

13132/20

26/03/2020

Nicolae CIUCÄ‚

1987

26/03/2020

14/06/2021

21/07/2021

Signed for receipt

by the Craiova Prison representative

26/06/2021

In detention in Craiova Prison according to the

Government’s observations

of 15/01/2021

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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