FOURTH SECTION

DECISION

Application no. 47978/16 Vasile-Vali SIMION 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 12 September 2016,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Vasile-Vali Simion, was born in 1978.

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 20 November 2020 the applicant’s daughter informed the Registry that the applicant had died (letter received by the Registry on 8 December 2020).

On 23 February 2021 the Registry sent a letter asking the applicant’s daughter to provide documents stating her status as heir. The potential heir replied on 14 April 2021 requesting an extension of the time-limit for the submission of the requested documents.

On 23 June 2021 the Registry granted the extension until 16 August 2021. No reply was received.

On 17 November 2021 a strike-out warning letter was sent by registered post to the applicant’s daughter, with a deadline for reply set for 12 January 2022. The notice of receipt of the letter was signed by the applicant’s grandfather on 7 December 2021. To date, no reply was received.

THE LAW

In the light of the foregoing, the Court observes that the applicant died during the proceedings and no heir expressed the wish to pursue the application. It further finds no special circumstances relating to respect for human rights as defined in the Convention and its Protocols which require it to continue the examination of the application.

Accordingly, the case should be struck out of the list, in accordance with Article 37 § 1 (c) of the Convention.

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