FOURTH SECTION

DECISION

Application no. 35169/20 Petru ȘERBAN 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 31 July 2020,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Petru Șerban, was born in 1964. His complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”).

On 27 September 2023 the applicant informed the Registry that he wanted to withdraw the application to the Court. He indicated that he does not wish to complain about the conditions of detention anymore. Instead, he reiterated his complaints under Article 6 of the Convention about the final decision sentencing him to 11 years of imprisonment, which have been dismissed at the communication stage.

THE LAW

In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application in the part which had been communicated to the Government (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.

Accordingly, the case should be struck 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