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NEGOIȚĂ AND OTHERS v. ROMANIA
Doc ref: 34097/16;14733/17;20494/18 • ECHR ID: 001-224850
Document date: April 6, 2023
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NEGOIȚĂ AND OTHERS v. ROMANIA
Doc ref: 34097/16;14733/17;20494/18 • ECHR ID: 001-224850
Document date: April 6, 2023
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 34097/16 Mihai-Narcis NEGOIȚĂ against Romania and 2 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 (see the appended table for the relevant dates). 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. 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 a 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 of the
registered letter
Date of the applicant’s
release from prison
34097/16
18/08/2016
Mihai-Narcis NEGOIȚĂ
1973
31/03/2022
26/09/2022
07/11/2022
11/01/2023
Returned to the sender on 06/02/2023
(according to the Romanian Post tracking system)
23/06/2021
14733/17
22/05/2017
Adrian-Răzvan COSTA
1987
10/10/2022
17/10/2022
28/11/2022
20/01/2023
Returned to the sender on 10/02/2023
(according to the Romanian Post tracking system)
25/05/2022
20494/18
04/09/2018
Cireș LĂCĂTUȘU
1987
09/12/2020
26/09/2022
07/11/2022
11/01/2023
Handed over on 23/01/2023
Illegible signature
23/02/2020
© European Union,
https://eur-lex.europa.eu, 1998 - 2026
