GHEORGHE AND OTHERS v. ROMANIA
Doc ref: 33117/16;37999/16;40710/16;46634/16;69480/16;3254/17;10021/17;17483/17 • ECHR ID: 001-223138
Document date: January 19, 2023
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FOURTH SECTION
DECISION
Application no. 33117/16 Marian GHEORGHE against Romania and 7 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 19 January 2023 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 9 February 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
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
33117/16
18/08/2016
Marian GHEORGHE
1968Mihaela Beca
Bucharest
01/09/2020
02/08/2022
13/09/2022
29/09/2022
Handed over to the applicant’s representative on 14/10/2022
27/04/2022
37999/16
22/07/2016
Nicolae-Caterin BUCUROIU
1988
04/01/2021
02/08/2022
13/09/2022
29/09/2022
Handed over to prison authorities on 10/10/2022
-
40710/16
01/08/2016
Ionuț COȘCODAR
1984
25/03/2021
02/08/2022
13/09/2022
29/09/2022
Handed over to the applicant on 12/10/2022
(illegible signature)
03/07/2019
46634/16
23/08/2016
Ionel-Cristinel STANCU
1978
29/10/2020
02/08/2022
13/09/2022
29/09/2022
Handed over to prison authorities on 10/10/2022
-
69480/16
27/12/2016
Iulian RĂDUȚ
1985
08/09/2020
02/08/2022
13/09/2022
29/09/2022
Handed over to prison authorities on 11/10/2022
-
3254/17
03/01/2017
Marius OLTEANU
1991
22/06/2022
02/08/2022
13/09/2022
29/09/2022
Handed over to prison authorities on 10/10/2022
-
10021/17
30/05/2017
Ioan LAUFER
1977Ana Maria Loredana Ciobotaru
Galati
25/11/2020
02/08/2022
13/09/2022
29/09/2022
Handed over to the applicant’s representative on 11/10/2022
-
17483/17
11/04/2017
Marius-Cătălin MARIN
1991
07/05/2021
29/06/2022
10/08/2022
31/08/2022
Returned to the Court on 11/09/2022 (from home address indicated for correspondence; according to the official website of Romanian Postal Service)
19/10/2017
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