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CORCIU-WERNHARDT AND OTHERS v. ROMANIA

Doc ref: 12343/17;12381/17;23416/17;33062/17;40021/17;66434/17;70113/17;70117/17;75500/17;82298/17 • ECHR ID: 001-229519

Document date: November 9, 2023

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CORCIU-WERNHARDT AND OTHERS v. ROMANIA

Doc ref: 12343/17;12381/17;23416/17;33062/17;40021/17;66434/17;70113/17;70117/17;75500/17;82298/17 • ECHR ID: 001-229519

Document date: November 9, 2023

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 12343/17 Marian-Cătălin CORCIU-WERNHARDT against Romania and 9 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, 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 returned to the Court or were received by the applicants (see details in the appended table). No reply to these letters has been received by the Court 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 30 November 2023.

{signature_p_2}

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

12343/17

10/03/2017

Marian ‑ Cătălin CORCIU ‑ WERNHARDT

1974

26/08/2022

05/04/2023

03/05/2023

02/06/2023

13/06/2023

(received)

12381/17

13/03/2017

Ion PALAGHIA

1980

12/05/2021

05/04/2023

03/05/2023

02/06/2023

14/06/2023

(received)

23416/17

24/04/2017

Daniel ‑ Bogdan MIHĂILESCU

1976

17/03/2023

05/04/2023

03/05/2023

02/06/2023

21/06/2023

(received)

33062/17

03/07/2017

Virgil PAVĂL

1975

26/08/2020

28/03/2023

09/05/2023

20/06/2023

29/06/2023

(received)

40021/17

10/07/2017

Daniel DAMÅžA

1976

16/05/2018

28/03/2023

09/05/2023

20/06/2023

10/08/2023

(returned)

66434/17

31/08/2017

Marcel PUÅžCAÅž

1982Raluca Iulia Ardelean

Oradea

24/05/2022

05/04/2023

03/05/2023

02/06/2023

14/06/2023

(received)

70113/17

20/09/2017

Stelian BRĂILEANU

1971Pavel Abraham

Bucharest

29/10/2020

28/03/2023

09/05/2023

20/06/2023

30/06/2023

(received)

70117/17

20/09/2017

George TAFTÄ‚

1965Pavel Abraham

Bucharest

29/10/2020

28/03/2023

09/05/2023

20/06/2023

30/06/2023

(received)

75500/17

18/10/2017

Ionuț Dragoş BĂICEANU

1994

28/02/2022

05/04/2023

03/05/2023

02/06/2023

13/06/2023

(received)

82298/17

28/11/2017

Gheorghe TOMULESCU

1970

03/04/2019

28/03/2023

09/05/2023

20/06/2023

10/07/2023

(received)

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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