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.
ILIE AND OTHERS v. ROMANIA
Doc ref: 25468/16;32477/16;32806/16;55734/16;42853/18 • ECHR ID: 001-221746
Document date: November 10, 2022
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 0
ILIE AND OTHERS v. ROMANIA
Doc ref: 25468/16;32477/16;32806/16;55734/16;42853/18 • ECHR ID: 001-221746
Document date: November 10, 2022
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 25468/16 Porumbiţă ILIE against Romania and 4 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 (see the appended table for the relevant dates), the friendly settlement procedure being set in motion through the offices of the Registrar upon communication.
No reply was received by the Court from the applicants within the provided deadline. By letters sent by registered post, the applicants were notified that the Court received no response within the time allowed for the submission thereof (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.
The registered letters either returned to the Court as unclaimed or were received by the applicants (see details in the appended table). No reply to the letters has been received by the Court and there are no previous letters from the applicants informing the Court about the change of address. Even though all the applicants had been released from prison several years before the date of this decision, the last correspondence from them also dates back several years (see the appended table for the relevant dates).
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, in the absence of any correspondence from the applicants for several years and considering that no reply was received to the Court’s letters, 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 application 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 communication
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
25468/16
06/06/2016
Porumbiţă ILIE
1969
03/07/2017
12/10/2021
01/02/2022
19/07/2022
25/07/2022 received by applicant
20/06/2017
32477/16
07/09/2016
Cătălin PETCU
1984
13/09/2016
12/10/2021
01/02/2022
19/07/2022
26/07/2022 received by applicant’s relative
14/06/2016
32806/16
19/07/2016
Florin DINCÄ‚
1986
05/06/2018
12/10/2021
01/02/2022
19/07/2022
05/08/2022 returned to sender as per the information on the website of the Romanian Post
08/02/2017
55734/16
14/10/2016
Bogdan-Nicolae GRÄ‚DINAR
1988
31/08/2020
13/10/2021
02/02/2022
19/07/2022
23/09/2022 returned to sender after redelivery trial
18/07/2017
42853/18
11/02/2015
Gheorghiță PRISĂCARU
1980Christophe Marchand
Bruxelles
07/01/2019
12/10/2021
01/02/2022
19/07/2022
22/07/2022 received by the applicant’s representative
24/06/2015
© European Union,
https://eur-lex.europa.eu, 1998 - 2026
