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VARGA AND OTHERS v. ROMANIA
Doc ref: 16347/16;48805/16;59154/16;60616/16;64854/16;75833/16;79301/16;6334/17;14972/17 • ECHR ID: 001-224846
Document date: April 6, 2023
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VARGA AND OTHERS v. ROMANIA
Doc ref: 16347/16;48805/16;59154/16;60616/16;64854/16;75833/16;79301/16;6334/17;14972/17 • ECHR ID: 001-224846
Document date: April 6, 2023
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 16347/16 Gyula-Lajos VARGA against Romania and 8 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 6 April 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) 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 11 May 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
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
16347/16
03/05/2016
Gyula-Lajos VARGA
1964
09/03/2018
09/04/2021
07/05/2021
28/01/2022
Returned to the Court as “unclaimed†on 18/03/2022 (from his home address indicated for correspondence)
15/12/2017
48805/16
01/09/2016
Gelu HRUBARU
1974
18/12/2020
06/07/2022
17/08/2022
31/08/2022
Handed over to the applicant on 08/09/2022 (according to the official website of Romanian Postal Service)
05/09/2018
59154/16
05/10/2016
Costel BOURCEANU
1972
04/02/2021
06/07/2022
17/08/2022
31/08/2022
Handed over to the applicant on 08/09/2022 (according to the official website of Romanian Postal Service)
28/03/2018
60616/16
14/10/2016
IonuÈ›-Daniel BALAN
1982
01/04/2021
06/07/2022
17/08/2022
31/08/2022
Handed over to the applicant on 07/09/2022 (according to the official website of Romanian Postal Service)
28/11/2017
64854/16
06/12/2016
Ion ANGHELACHI
1970
15/01/2021
06/07/2022
17/08/2022
31/08/2022
Handed over to the applicant on 11/09/2022 (according to the official website of Romanian Postal Service)
04/06/2019
75833/16
06/03/2017
Nicolae DÄ‚NILÄ‚
1985
13/01/2021
06/07/2022
17/08/2022
31/08/2022
Returned to the Court as “unclaimed†on 26/09/2022 (from his home address indicated for correspondence)
19/12/2017
79301/16
19/12/2016
Gheorghe LUNGU
1955
08/12/2020
29/06/2022
10/08/2022
31/08/2022
Handed over to the applicant on 16/09/2022 (according to the official website of Romanian Postal Service)
21/05/2019
6334/17
02/03/2017
Tarzan ZOMANÈšI
1973
19/03/2021
29/06/2022
10/08/2022
31/08/2022
Handed over to the applicant on 08/09/2022 (according to the official website of Romanian Postal Service)
17/01/2020
14972/17
15/02/2017
Marius-IonuÈ› CIOCOIU
1977
15/02/2017
29/06/2022
10/08/2022
31/08/2022
Handed over to the applicant on 07/09/2022 (according to the official website of Romanian Postal Service)
24/03/2020
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