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GHIŢĂ AND OTHERS v. ROMANIA

Doc ref: 39708/18;17913/19;23730/19;43803/19;52018/19;52818/19;53613/19;63139/19;63358/19 • ECHR ID: 001-214612

Document date: November 25, 2021

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GHIŢĂ AND OTHERS v. ROMANIA

Doc ref: 39708/18;17913/19;23730/19;43803/19;52018/19;52818/19;53613/19;63139/19;63358/19 • ECHR ID: 001-214612

Document date: November 25, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 39708/18 Eugen-George GHIŢĂ against Romania and 8 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 25 November 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 16 December 2021.

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

39708/18

03/01/2018

Eugen-George

GHIȚĂ

1981

15/10/2019

26/03/2021

Letter returned to sender on 17/05/2021

(according to information on the website

of the Romanian Post)

07/05/2021

08/08/2021

17913/19

19/06/2019

Ion MILOȘ

1988

20/01/2021

31/03/2021

Handed over on 14/04/2021

(according to information on the website

of the Romanian Post)

12/05/2021

06/01/2021

23730/19

07/06/2019

Constantin PETRICÄ‚

1973

15/07/2020

19/03/2021

Handed over on 30/03/2021

(according to information on the website

of the Romanian Post)

30/04/2021

-

43803/19

05/09/2019

Laszlo MENYHART

1956

07/09/2019

26/03/2021

Letter returned on 09/06/2021 as

“unclaimed”

07/05/2021

11/02/2020

52018/19

18/10/2019

Abel Marinel LUNGU

1993

29/10/2019

26/03/2021

05/04/2021

Signed by a relative of the applicant

07/05/2021

17/12/2019

52818/19

05/12/2019

Vasile Cristian MENÈš

1978

02/09/2020

26/03/2021

13/04/2021

Illegible signature

07/05/2021

27/08/2020

53613/19

18/12/2019

Doru ROSTAȘ

1992

06/01/2020

26/03/2021

06/04/2021

Signed by the Arad prison’s representative

07/05/2021

-

63139/19

20/11/2019

Marian NICULA

(former Cristea)

1976

31/01/2020

26/03/2021

Letter returned on 09/06/2021 as

“unclaimed”

07/05/2021

-

63358/19

14/01/2020

Marius Ionuț CENUȘĂ

1989

14/01/2020

26/03/2021

Letter returned to sender on 15/04/2021

(according to information on the website

of the Romanian Post)

07/05/2021

25/02/2020

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

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