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IVAN AND OTHERS v. ROMANIA
Doc ref: 42554/16;58874/16;53335/17;78739/17;7228/18 • ECHR ID: 001-229517
Document date: November 9, 2023
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IVAN AND OTHERS v. ROMANIA
Doc ref: 42554/16;58874/16;53335/17;78739/17;7228/18 • ECHR ID: 001-229517
Document date: November 9, 2023
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 42554/16 Petre Emil IVAN against Romania and 4 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 9 November 2023 as 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 (see the appended table for the relevant dates), the friendly settlement procedure being set in motion through the offices of the Registrar upon communication. No reply was received by the Court from the applicants within the provided deadline.
By letters sent by registered post, the applicants were notified that the Court received no reply within the time allowed for the submission of their response (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 returned to the Court or were received by the applicants (see details in the appended table). No reply to the letters has been received by the Court and there are no previous letters from the applicants informing the Court about the change of address. The last correspondence from them predominantly dates back several years as well (see the appended table for the relevant dates).
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, in the absence of any recent correspondence from the applicants and considering that, following the communication of the applications to the Government, no reply was received to the Court’s letters, 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
Date of the applicant’s last communication to the Court
Date of communication of the application to the
Government
Time-limit for submitting 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
42554/16
06/01/2017
Petre Emil IVAN
1973
09/08/2017
27/01/2023
19/05/2023
09/06/2023
26/06/2023
10/04/2017
58874/16
26/10/2016
Adrian-Florin VUVARU
1985
30/01/2017
10/10/2019
15/09/2021
09/06/2023
21/06/2023
29/08/2017
53335/17
18/07/2017
Marin GEONEA
1958
28/08/2017
28/10/2022
17/02/2023
28/06/2023
Sent back to the Court on 24/07/2023, according to the Romanian Post Tracking System
07/07/2017
78739/17
12/12/2017
Constantin ZAPAN
1979
16/06/2021
16/03/2022
06/07/2022
03/10/2022
Returned as “unclaimed†on 05/12/2022
29/11/2020
7228/18
31/01/2018
Mircea PANÄ‚
1970
31/01/2018
30/11/2022
22/03/2023
21/04/2023
Returned as “unclaimed†on 28/06/2023
22/08/2017
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