LEXI - AI Legal Assistant
Sorry, there was an error communicating with our API.
Try refreshing the page, and if the error persists, please try again in a few minutes.
DIACONU AND OTHERS v. ROMANIA
Doc ref: 16673/16;39631/16;30783/17 • ECHR ID: 001-221745
Document date: November 10, 2022
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 0
DIACONU AND OTHERS v. ROMANIA
Doc ref: 16673/16;39631/16;30783/17 • ECHR ID: 001-221745
Document date: November 10, 2022
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 16673/16 Traian DIACONU against Romania and 2 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 10 November 2022 as a Committee composed of:
Armen Harutyunyan , President , Anja Seibert-Fohr, 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 1 December 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
Representative’s name and location
Date of the applicant’s last letter to the Court
Date of sending Government’s observations to the applicant
Time limit of submission of response by the applicant
Date of the Court’s registered letter
Date of receipt/ return of the registered letter
Date of the applicant’s release from prison
16673/16
01/06/2016
Traian DIACONU
1953
05/11/2021
03/03/2022
14/04/2022
21/07/2022
01/08/2022 received by the applicant
26/03/2019
39631/16
26/09/2016
Petrică SCARLAT
1978
21/10/2020
03/03/2022
14/04/2022
21/07/2022
02/08/2022 received by a relative of the applicant
02/04/2019
30783/17
22/08/2017
Cătălin-Cristi GAE
1966Carmen Cecilia Ofelia Radu
Preajba
02/11/2020
03/03/2022
14/04/2022
21/07/2022
02/08/2022 received by the applicant’s representative (illegible signature)
21/11/2017
© European Union,
https://eur-lex.europa.eu, 1998 - 2026
