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GOSAV AND OTHERS v. ROMANIA

Doc ref: 41253/16;55758/16;56695/16;79397/16;2107/17 • ECHR ID: 001-231473

Document date: February 1, 2024

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GOSAV AND OTHERS v. ROMANIA

Doc ref: 41253/16;55758/16;56695/16;79397/16;2107/17 • ECHR ID: 001-231473

Document date: February 1, 2024

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 41253/16 DragoÈ™-Bogdan GOSAV against Romania and 4 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 1 February 2024 as a Committee composed of:

Anja Seibert-Fohr , President , Anne Louise Bormann, Sebastian Răduleţu , 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.

No reply to these letters has been received by the Court. 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 22 February 2024.

Viktoriya Maradudina Anja Seibert-Fohr 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 for submission of response by the applicant

Date of the Court’s registered letter

Date of receipt/return of the registered letter

41253/16

18/11/2016

DragoÈ™-Bogdan GOSAV

1988

07/04/2021

28/07/2022

08/09/2022

10/10/2023

Returned 08/12/2023 from PNT Tulcea as addressee had moved

55758/16

17/10/2016

Marius NIȚĂ

1987

04/01/2017

09/08/2023

20/09/2023

16/10/2023

Signed (illegible signature) on 07/11/2023

56695/16

01/11/2016

Marin FARCAȘ

1962

23/05/2022

04/08/2022

15/09/2023

10/10/2023

Retuned on 08/12/2023 as addressee had moved

79397/16

15/02/2017

Zenobie-Laurențiu STAN

1984

08/09/2020

28/07/2022

08/09/2022

10/10/2023

Retuned on 08/12/2023 as unclaimed

2107/17

16/03/2017

Iulian BEȘLIU

1969

13/01/2021

04/08/2022

15/09/2022

10/10/2023

Retuned on 08/12/2023 as unclaimed

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

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