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CONSTANTIN AND OTHERS v. ROMANIA

Doc ref: 38836/16, 39100/16, 39287/16, 42123/16, 42458/16, 42485/16, 47458/16, 48683/16, 48874/16, 49019/16, ... • ECHR ID: 001-214614

Document date: November 25, 2021

  • Inbound citations: 0
  • Cited paragraphs: 0
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CONSTANTIN AND OTHERS v. ROMANIA

Doc ref: 38836/16, 39100/16, 39287/16, 42123/16, 42458/16, 42485/16, 47458/16, 48683/16, 48874/16, 49019/16, ... • ECHR ID: 001-214614

Document date: November 25, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 38836/16 Gabriel CONSTANTIN against Romania and 16 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

38836/16

25/07/2016

Gabriel CONSTANTIN

1992

08/12/2020

29/07/2021

09/08/2021

Signed by a relative

09/09/2021

28/02/2017

39100/16

08/08/2016

Constantin Adrian ROȘOGA

1992

16/10/2020

29/07/2021

07/08/2021

Signed by a relative

09/09/2021

14/03/2017

39287/16

11/08/2016

Gheorghe COSTACHE

1970

16/08/2018

29/07/2021

06/08/2021

Signed - illegible signature

09/09/2021

02/08/2016

42123/16

16/03/2016

Marius Cristian MAGHERU

1994

16/10/2020

29/07/2021

10/08/2021

Signed - illegible signature

09/09/2021

13/12/2016

42458/16

05/08/2016

Costel BANAGA

1983

15/09/2017

29/07/2021

13/08/2021

Signed - illegible signature

09/09/2021

22/08/2017

42485/16

29/09/2016

Ianuș ȚÎMPU

1970

29/10/2020

29/07/2021

09/08/2021

Signed - illegible signature

09/09/2021

08/11/2016

47458/16

20/09/2016

Gheorghe-Giulian BLIDARIU

1991

27/08/2018

23/07/2021

03/08/2021

Signed - illegible signature

03/09/2021

05/09/2017

48683/16

16/09/2016

Constantin MARICA

1956

27/10/2016

23/07/2021

03/08/2021 Signed - illegible signature

03/09/2021

19/10/2016

48874/16

19/09/2016

IonuÈ›-Emil VORNICU

1993

27/10/2017

23/07/2021

05/08/2021

Signed by a relative

03/09/2021

27/06/2017

49019/16

16/09/2016

Gheorghe MARANDEI

1974

12/10/2017

23/07/2021

03/08/2021

Signed by the applicant

03/09/2021

05/09/2017

49344/16

14/09/2016

Florin-Auraș DUȚĂ

1989

16/10/2020

23/07/2021

05/08/2021

Signed - illegible signature

03/09/2021

13/09/2016

49644/16

13/10/2016

Andrei HANDRA

1995

03/11/2020

23/07/2021

06/08/2021

Signed by a relative

03/09/2021

26/01/2017

51034/16

27/10/2016

Săvică-Daniel CREȚU

1984

09/02/2017

23/07/2021

11/08/2021

Signed – illegible signature

03/09/2021

20/09/2016

51335/16

21/04/2017

Constantin MOCANU

1985

02/05/2017

23/07/2021

11/08/2021

Signed by a relative

03/09/2021

22/11/2016

59647/16

03/02/2017

Petrișor Cosmin MOLDOVANU

1976

17/10/2020

23/07/2021

20/08/2021

Signed – illegible signature

03/09/2021

22/11/2016

63198/16

20/12/2016

Petru BLAJ

1964

10/05/2017

23/07/2021

05/08/2021

Signed - illegible signature

03/09/2021

05/04/2017

65920/16

08/02/2017

Florin-Andrei BULIȘCĂ

1991

16/10/2020

23/07/2021

03/08/2021

Signed - illegible signature

03/09/2021

13/09/2016

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