FIERARU AND OTHERS v. ROMANIA
Doc ref: 27234/16;34530/16;50397/16;51536/16;62118/16;29213/17;37081/17;31814/18;53942/19;56397/19 • ECHR ID: 001-229515
Document date: November 9, 2023
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FOURTH SECTION
DECISION
Application no. 27234/16 Dănuț-Gheorghe FIERARU against Romania and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 9 November 2023 a Committee composed of:
Faris Vehabović , President , Anja Seibert-Fohr, Anne Louise Bormann , 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 (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.
The registered letters either were received by the applicants or were returned to the Court (see details in the appended table). 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 30 November 2023.
Viktoriya Maradudina Faris Vehabović 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 for submission of response by the applicant
Date of the Court’s registered letter
Date of receipt / return of the registered letter
27234/16
01/06/2016
Dănuț-Gheorghe FIERARU
1982
31/03/2021
11/04/2023
23/05/2023
03/07/2023
Handed over on 19/07/2023 (according to the Romanian Post Tracking System)
34530/16
06/07/2016
Dumitru NICORESCU
1973
31/03/2021
10/03/2023
21/04/2023
03/07/2023
17/07/2023
Signed by the applicant’s sister
50397/16
21/09/2016
Lucian MERARU
1975
07/04/2021
11/04/2023
23/05/2023
03/07/2023
18/07/2023 Illegible signature
51536/16
16/08/2016
Nicolae-Adrian TECHIU
1978
25/08/2021
10/03/2023
21/04/2023
3/07/2023
Returned to the Court on 16/08/2023
as unclaimed
62118/16
06/02/2017
Nicolae MILEA
1949
16/09/2020
04/08/2022
15/09/2022
02/06/2023
Returned to the Court on 11/07/2023
as “moved from addressâ€
29213/17
06/04/2017
Robert-Cristian POPESCU
1991Paul-Iulian Nedelcu
Craiova
13/04/2017
11/04/2023
23/05/2023
03/07/2023
21/07/2023
Unclaimed (according to the Romanian Post Tracking System)
37081/17
16/06/2017
Vasile PREDESCU
1975
04/08/2022
10/03/2023
21/04/2023
03/07/2023
18/07/2023
Illegible signature
31814/18
29/05/2018
Zoltan MODA
1983
08/09/2022
10/03/2023
21/04/2023
03/07/2023
Returned to the Court on 20/09/2023
as unclaimed
53942/19
21/11/2019
Nicolae AENCULESE
1983
08/02/2021
10/03/2023
21/04/2023
03/07/2023
Handed over on 20/07/2023 (according to the Romanian Post Tracking System)
56397/19
16/09/2019
Vasile LOLEA
1958
27/08/2020
11/04/2023
23/05/2023
03/07/2023
17/07/2023
Illegible signature
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