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CONSTANTIN AND MIREȘAN v. ROMANIA
Doc ref: 34673/16;50366/17 • ECHR ID: 001-231162
Document date: January 18, 2024
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CONSTANTIN AND MIREȘAN v. ROMANIA
Doc ref: 34673/16;50366/17 • ECHR ID: 001-231162
Document date: January 18, 2024
Cited paragraphs only
FOURTH SECTION
DECISION
Applications nos. 34673/16 and 50366/17 Florin CONSTANTIN against Romania and Alexandru-Mădălin MIREȘAN against Romania
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 18 January 2024 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. As no reply was received by the Court from the applicants within the provided deadline, the Government submitted unilateral declarations with a view to resolving the issues raised by these complaints. Still no reply was received by the Court from the applicants within the newly
provided deadline.
By letters sent by registered post, the applicants were notified that the Court received no response 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 were received at the addresses indicated by the applicants or returned to the Court (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 applicants were released from prison several years before the date of this decision, and the most recent correspondence from them 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 correspondence from the applicants for several years and considering that, following the communication of the applications to the Government, no reply was received from the applicants, 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 8 February 2024.
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
letter to the
Court
Date of sending
the
Government’s
submissions to
the applicant
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
34673/16
12/09/2016
Florin CONSTANTIN
1985
17/07/2017
20/12/2021
17/01/2022
08/09/2023
Returned to sender on 27/11/2023
05/07/2017
50366/17
02/08/2017
Alexandru-Mădălin MIREȘAN
1991
09/08/2017
12/05/2023
09/06/2023
11/10/2023
Handed over on 23/10/2023 (according to the Romanian Post Tracking System)
01/08/2017
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