FOURTH SECTION
DECISION
Application no. 36217/16
Marian IACOB against Romania
and 8 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 9 December 2021 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, 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. 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 (see details in the appended table).
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 13 January 2022.
Viktoriya Maradudina Armen Harutyunyan
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 the
Court’s
registered
letter
Date of receipt
of the
registered
letter
New time-limit
for
submission of
observations
by the applicant
Date of the
applicant’s
release
from prison
36217/16
19/07/2016
Marian IACOB
1986
05/05/2020
24/03/2021
07/04/2021
Signed for receipt
by the Brăila Prison representative
08/04/2021
Signed for receipt
by the applicant’s mother
05/05/2021
In detention in Brăila Prison according to the
Government’s observations
of 13/02/2020
41974/16
08/08/2016
Cornel-Ioan ZĂGREAN
1983
08/08/2016
24/03/2021
08/04/2021
Signed for receipt
by the applicant’s mother
08/04/2021
Signed for receipt
by the Bistrița Prison representative
05/05/2021
In detention in Bistrița Prison according to the
Government’s observations
of 09/01/2020
31265/18
17/08/2018
Gheorghe Vijai BOROȘ
1988
17/08/2018
06/05/2021
Returned to the Court on 02/06/2021
(according to the official website of Romania’s Postal Service)
Letter sent to the correspondence address indicated by the applicant
17/06/2021
30/01/2019
50297/18
12/11/2018
Vasile-Ionuț FERARU
1982
12/11/2018
12/05/2021
08/06/2021
Signed for receipt
by the Slobozia Prison representative
23/06/2021
In detention in Slobozia Prison
30641/19
27/05/2019
Dumitru STAMATESCU
1977
05/10/2020
31/05/2021
15/06/2021
Signed for receipt
by the Arad Prison representative
12/07/2021
In detention in Arad Prison
59089/19
03/12/2019
Georgian-Daniel COTIGĂ
1998
24/02/2020
31/05/2021
Handed over to the applicant on
14/06/2021
(according to the official website of Romania’s Postal Service)
12/07/2021
In detention in Mioveni Prison according to the
Government’s observations
of 15/01/2021
61929/19
30/12/2019
Dénes BARTHA
1994
25/11/2020
31/05/2021
14/06/2021
Signed for receipt
by the Gherla Prison representative
12/07/2021
In detention in Gherla Prison according to the Government’s observations of 15/01/2021
8223/20
04/03/2020
Constantin MOISE
1983
25/01/2021
18/06/2021
01/07/2021
Handed over to the applicant
(according to the official website of Romania’s Postal Service)
30/07/2021
In detention in Mărgineni Prison
13132/20
26/03/2020
Nicolae CIUCĂ
1987
26/03/2020
14/06/2021
21/07/2021
Signed for receipt
by the Craiova Prison representative
26/06/2021
In detention in Craiova Prison according to the
Government’s observations
of 15/01/2021