FOURTH SECTION
DECISION
Application no. 34781/17
Loay Ali Asae AL DULAIMI against Romania
and 25 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 16 May 2024 as a Committee composed of:
Branko Lubarda, 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 6 June 2024.
Viktoriya Maradudina Branko Lubarda
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
Representative’s name and location
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
34781/17
09/05/2017
Loay Ali Asae AL DULAIMI
1975
Daniela Zaharia Mănescu
Bucharest
21/09/2023
02/11/2023
11/12/2023
06/02/2024
40702/17
27/05/2017
Laurențiu-Marius DUMITRU
1973
21/09/2023
02/11/2023
11/12/2023
Returned to sender on 09/01/2024
(according to the Romanian Post Tracking System)
514/18
12/12/2017
Gheorghiță BILHAN
1974
Andreea-Gabriela Cadar
Galati
21/09/2023
02/11/2023
11/12/2023
26/12/2023
18874/20
06/04/2020
Constantin-Aurelian TUDOR
1975
08/09/2023
20/10/2023
29/11/2023
Returned as ‘moved’ on 19/01/2024
21442/20
16/07/2020
Răzvan BUȚERCHI
1982
08/09/2023
20/10/2023
29/11/2023
Returned as ‘moved’ on 19/01/2024
21711/20
31/07/2020
Marian CORNEANU
1963
08/09/2023
20/10/2023
29/11/2023
Returned as ‘moved’ on 19/01/2024
30667/20
28/08/2020
Benoni PĂVĂLOAIE
1977
08/09/2023
20/10/2023
29/11/2023
Returned as ‘moved’ on 19/01/2024
30747/20
12/10/2020
Mioara PAȚACHIA
1975
08/09/2023
20/10/2023
29/11/2023
19/01/2024
45714/20
27/11/2020
Nicolae-Valentin ANDREI
1982
12/09/2023
24/10/2023
05/12/2023
Returned as ‘moved’ on
01/02/2024
46833/20
10/11/2020
Ciprian VARGA
1981
12/09/2023
24/10/2023
05/12/2023
01/02/2024
53602/20
12/01/2021
Marian ADAM
1981
12/09/2023
24/10/2023
05/12/2023
Returned as ‘moved’ on
01/02/2024
1932/21
26/01/2021
Marcel-Daniel RIZEA
1973
07/09/2023
19/10/2023
20/11/2023
Handed over on
28/11/2023
(according to the Romanian Post Tracking System)
2858/21
27/01/2021
Cosmin DUMITRACHE
1994
07/09/2023
19/10/2023
20/11/2023
Handed over on
04/12/2023
(according to the Romanian Post Tracking System)
4430/21
10/02/2021
Alin-Nicolae GRIGORE
1980
15/09/2023
27/10/2023
07/12/2023
26/02/2024
8574/21
25/01/2021
Florin CHIRIAC
1987
15/09/2023
27/10/2023
07/12/2023
28/12/2023
8638/21
05/03/2021
Emanuel LUCA
1994
15/09/2023
27/10/2023
07/12/2023
Returned as ‘moved’ on
26/02/2024
13019/21
22/09/2021
Dumitru TRIFAN
1988
07/09/2023
19/10/2023
23/11/2023
12/01/2024
41415/21
08/09/2021
Adrian PĂDURE
1979
13/09/2023
25/10/2023
06/12/2023
27/12/2023
41540/21
01/11/2021
Mirel TĂBĂCARU
1982
13/09/2023
25/10/2023
06/12/2023
Returned as ‘moved’ on
01/02/2024
45086/21
01/10/2021
Ionuț COSTACHE
1990
13/09/2023
25/10/2023
06/12/2023
11/01/2024
45516/21
07/01/2022
Valentin DUMITRU
1982
13/09/2023
25/10/2023
06/12/2023
04/01/2024
46905/21
23/10/2021
Ionuţ-Laurenţiu MIHAI
1983
13/09/2023
25/10/2023
06/12/2023
Handed over on
10/01/2024
(according to the Romanian Post Tracking System)
47778/21
04/11/2021
Karoly KISS
1973
13/09/2023
25/10/2023
06/12/2023
Handed over on
28/12/2023
(according to the Romanian Post Tracking System)
48863/21
16/09/2021
Răzvan-Ion CIOLACU
1998
13/09/2023
25/10/2023
06/12/2023
Handed over on 27/12/2023
(according to the Romanian Post Tracking System)
50743/21
02/11/2021
Alin Dorin CHIFOR
1996
13/09/2023
25/10/2023
06/12/2023
Handed over on 03/01/2024
(according to the Romanian Post Tracking System)
55723/21
18/03/2022
Lilian SIMION
1987
21/09/2023
02/11/2023
11/12/2023
27/12/2023