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TOADER AND OTHERS v. ROMANIA
Doc ref: 28432/16, 40694/16, 46554/16, 46723/16, 49349/16, 54684/16, 55594/16, 56555/16, 56616/16, 56617/16, ... • ECHR ID: 001-224061
Document date: March 9, 2023
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TOADER AND OTHERS v. ROMANIA
Doc ref: 28432/16, 40694/16, 46554/16, 46723/16, 49349/16, 54684/16, 55594/16, 56555/16, 56616/16, 56617/16, ... • ECHR ID: 001-224061
Document date: March 9, 2023
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 28432/16 Vasilică TOADER against Romania and 21 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 9 March 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 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).
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 30 March 2023.
Viktoriya Maradudina Tim Eicke 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 of the registered letter
Date of the applicant’s release from prison
28432/16
13/10/2016
Vasilică TOADER
1977Andreea Gabriela Cedar, Galați
18/09/2020
02/08/2022
13/09/2022
29/09/2022
11/10/2022
Signed for receipt by the applicant’s representative
-
40694/16
01/08/2016
Ilarion-Cristian RADU
1987-
22/10/2020
02/08/2022
13/09/2022
29/09/2022
Returned to the sender on 20/10/2022
16/11/2021
46554/16
28/09/2016
Alexandru TEODOR
1987-
08/11/2021
02/08/2022
13/09/2022
29/09/2022
Returned to the sender on 10/10/2022
23/11/2021
46723/16
29/08/2016
Petru GATMAN
1970-
19/10/2020
02/08/2022
13/09/2022
29/09/2022
10/10/2022
Handed over to the recipient
(according to information on the website of the Romanian Post)
-
49349/16
10/11/2016
Mihai ATOMEI
1961-
02/09/2020
02/08/2022
13/09/2022
29/09/2022
11/10/2022
Signed for receipt by Arad prison’s representative
54684/16
17/12/2016
Florin MINCÄ‚
1975-
25/01/2021
21/09/2022
02/11/2022
17/11/2022
02/12//2022
Handed over to the recipient
(according to information on the website of the Romanian Post)
-
55594/16
21/10/2016
Vasile FIERARU
1983-
16/03/2020
21/09/2022
02/11/2022
17/11/2022
09/12/2022
Handed over to the applicant’s sister
12/07/2017
56555/16
15/11/2016
Gabriel STOICA
1984-
07/01/2022
21/09/2022
02/11/2022
17/11/2022
25/11/2022
Signed by the applicant
-
56616/16
18/10/2016
Ali KARAZI
1970-
06/12/2021
21/09/2022
02/11/2022
17/11/2022
30/12/2022
Illegible signature
-
56617/16
06/02/2017
Adrian-Vasile RUSU
1973-
01/02/2021
21/09/2022
02/11/2022
17/11/2022
02/12/2022
Illegible signature
-
57287/16
28/11/2016
Florin Gabriel DUMITRU
1976
22/03/2021
21/09/2022
02/11/2022
17/11/2022
Returned to the sender on 05/12/2022
09/01/2019
58149/16
04/01/2017
Zoltan BUDI
1982-
23/03/2021
21/09/2022
02/11/2022
17/11/2022
29/11//2022
Handed over to the recipient
(according to information on the website of the Romanian Post)
-
58396/16
21/02/2017
Marian SECAN
1987-
25/01/2021
21/09/2022
02/11/2022
17/11/2022
Returned to the sender on 02/12/2022
-
62749/16
03/05/2017
Marian-Fănel NAUM
1971-
14/01/2021
21/09/2022
02/11/2022
17/11/2022
06/12/2022
Illegible signature
-
63029/16
05/12/2016
Marian-Constantin POIÈšELEA
1977-
23/03/2021
21/09/2022
02/11/2022
17/11/2022
06/12/2022
Illegible signature
22/08/2018
63496/16
12/12/2016
Vasile CÄ‚LIN
1986-
18/01/2022
21/09/2022
02/11/2022
17/11/2022
28/11/2022
Illegible signature
-
67055/16
12/12/2016
Vasile TÄ‚MÄ‚SLÄ‚CARIU
1978-
26/01/2021
21/09/2022
02/11/2022
17/11/2022
Returned to the sender on 27/01/2023
02/11/2021
67650/16
20/02/2017
Claudiu-Celestin VLÄ‚DULESCU
1974-
24/05/2022
02/08/2022
13/09/2022
29/09/2022
03/01/2023
Signed for receipt by Tg. Jiu prison’s representative
-
69644/16
12/12/2016
Doru CONDURACHI
1962-
23/05/2022
02/08/2022
13/09/2022
29/09/2022
10/10/2022
Signed by the applicant
19/04/2022
71538/16
09/01/2017
Răzvan-Alexandru GRĂDINARU
1971Cătălin Nicolae Pangratie
Bucharest
09/01/2017
27/09/2022
08/11/2022
23/11/2022
05/12/2022
Signed for receipt by the applicant’s representative
28/02/2018
72438/16
27/02/2017
Mihai MACOVEI
1958-
04/04/2022
02/08/2022
13/09/2022
29/09/2022
14/10/2022
Signed by the applicant
19/04/2022
73410/16
04/03/2021
Ion GAIDAȘ
1963-
20/10/2021
21/09/2022
02/11/2022
17/11/2022
05/12/2022
Handed over to the recipient
(according to information on the website of the Romanian Post)
-
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