FOURTH SECTION

DECISION

Application no. 45486/16 Mitriţă MAFTEI against Romania

The European Court of Human Rights (Fourth Section), sitting on 4 May 2023 as a Committee composed of:

Tim Eicke , President , Branko Lubarda, Ana Maria Guerra Martins , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 19 August 2016,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mitriţă Maftei, was born in 1956.

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 8 December 2021 the applicant’s children informed the Registry that the applicant had died.

On 28 January 2022 the Registry sent them a letter asking them to provide documents stating their status as heirs by 25 February 2022. No reply was received by the Court to date.

On 19 July 2022 a strike-out warning letter was sent by registered post to the applicant’s children with a deadline for reply set for 30 August 2022. The letter was returned as undelivered on 29 July 2022. To this date, they neither submitted a copy of a document proving their capacity as heirs of the deceased applicant, nor they have provided an explanation for the failure to comply with the Registry’s instructions.

THE LAW

In the light of the foregoing, the Court concludes that the applicant’s heirs do not wish 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 25 May 2023.

Viktoriya Maradudina Tim Eicke Acting Deputy Registrar President