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MIHAI AND OTHERS v. ROMANIA
Doc ref: 34535/16;62815/16;9544/17;12332/17 • ECHR ID: 001-222568
Document date: December 8, 2022
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MIHAI AND OTHERS v. ROMANIA
Doc ref: 34535/16;62815/16;9544/17;12332/17 • ECHR ID: 001-222568
Document date: December 8, 2022
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 34535/16 Tudorel MIHAI against Romania and 3 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 8 December 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 and that they were provided with a new deadline for submitting a response (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 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 predominantly dates back several years as well (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 recent correspondence from the applicants 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 applications out of its list of cases.
Done in English and notified in writing on 12 January 2023.
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 communication to
the Court
Date of communication
Date of the Court’s registered letter
Date of return/delivery of the registered letter
New time-limit for submission of response by the applicant
Date of the applicant’s
release from prison
34535/16
11/07/2016
Tudorel MIHAI
1966
18/08/2021
24/01/2022
23/06/2022
06/07/2022
(delivered)
21/07/2022
01/04/2017
62815/16
02/02/2017
Ionel STÄ‚NILÄ‚
1975
31/05/2021
02/12/2021
28/04/2022
13/05/2022
(returned)
26/05/2022
29/11/2019
9544/17
22/02/2017
Vasile-Georgică VAIDA
1991
29/09/2021
24/01/2022
23/06/2022
04/07/2022
(delivered)
21/07/2022
19/04/2017
12332/17
23/03/2017
Eugen ANDRU
1966
20/01/2021
02/12/2021
28/04/2022
09/05/2022
(delivered)
26/05/2022
16/06/2017
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