FOURTH SECTION

DECISION

Application no. 38877/16 Nicolae RADU against Romania

The European Court of Human Rights (Fourth Section), sitting on 2 February 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 application lodged on 25 July 2016,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Nicolae Radu, was born in 1944.

The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”).

On 9 January 2020 the Government submitted observations and informed the Registry that the applicant had died on 2 November 2016 and requested the Court to strike-out the application in virtue of Article 37 § 1 (a) of the Convention.

On 23 September 2022 the Registry sent a letter, by registered post, to the applicant’s home address, asking whether there was any potential heir wishing to pursue the proceedings before the Court. That letter was handed over to one of Mr Radu’s relatives on 3 October 2022. No reply was received by the Court to date.

THE LAW

In the light of the foregoing, the Court concludes that the applicant has no heirs wishing to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 2 March 2023.

Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President