FOURTH SECTION

DECISION

Application no. 40133/16 Daniel-Marius BABII against Romania

The European Court of Human Rights (Fourth Section), sitting on 29 June 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 16 August 2016,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Daniel-Marius Babii, was born in 1976.

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 15 July 2022 the Government informed the Registry that the applicant had died.

On 8 February 2023 the Registry sent a registered letter to the applicant’s address asking whether there were any heirs who wished to pursue the proceedings before the Court. On 27 March 2023 the registered letter returned to the Court with the mention: “unclaimed”.

THE LAW

It has been the Court’s practice to strike applications out of the list of cases under Article 37 § 1 of the Convention in the absence of any heir or close relative who has expressed the wish to pursue an application (see Léger v. France (striking out) [GC], no. 19324/02, § 44, 30 March 2009, with further references). Turning to the circumstances of the present case, the Court notes that the applicant died, and no heirs or close relatives have expressed the wish to pursue the application on his behalf. As the Court finds no special circumstances regarding respect for human rights which require the continued examination of the case, it considers it appropriate to strike the application out of its list of cases under Article 37 § 1 (c) 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 20 July 2023.

Viktoriya Maradudina Tim Eicke Acting Deputy Registrar President