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VIIȘOREANU v. ROMANIA

Doc ref: 45721/20 • ECHR ID: 001-231165

Document date: January 18, 2024

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VIIȘOREANU v. ROMANIA

Doc ref: 45721/20 • ECHR ID: 001-231165

Document date: January 18, 2024

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 45721/20 Ștefan VIIȘOREANU against Romania

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 application lodged on the 20 November 2020,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ștefan Viișoreanu, was born in 1974.

The applicant’s 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 applicant within the provided deadline.

By letter sent by registered post, the applicant was notified that the Court received no reply within the time allowed for the submission of his response (see the appended table for the relevant dates). The applicant’s 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 letter was returned to the Court (see details in the appended table). No reply to the letter has been received by the Court and there are no previous letters from the applicant informing the Court about the change of address. The last correspondence from him dates back several years as well (see the appended table for the relevant dates).

THE LAW

In the light of the foregoing, in the absence of any recent correspondence from the applicant and considering that, following the communication of the application to the Government, no reply was received to the Court’s letters, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application 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)

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

45721/20

20/11/2020

Ștefan VIIȘOREANU

1974

05/01/2021

12/04/2023

15/09/2023

02/10/2023

Returned to sender as “unclaimed” on 31/10/2023

(according to the Romanian Post Tracking System)

15/12/2020

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

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