FOURTH SECTION
DECISION
Application no. 43414/15
Relu ALEXE
against Romania
The European Court of Human Rights (Fourth Section), sitting on 16 January 2020 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 September 2015,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Relu Alexe, was born in 1969.
The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”) on 24 June 2016. On 14 October 2016 the Government submitted observations on the admissibility and merits of the case, informing the Registry that the applicant had died on 9 February 2016.
By letter of 25 November 2016, the applicant’s heirs were notified of these observations. By letter of 13 December 2016, Grigore Alexe, the applicant’s father, notified the Registry that he intended to pursue the proceedings before the Court. On 6 March 2017 he submitted an inherence certificate to prove his quality as the applicant’s legal heir.
On 21 June 2018 and 14 February 2019 the Government submitted further observations in the case.
On 27 February 2019 the Registry sent a letter to the applicant’s heir, inviting him to submit comments on the Government’s further observations. No reply was received to this letter.
By letter dated 13 June 2019, sent by registered post, the applicant’s heir was notified that the period allowed for submission of the requested comments had expired on 10 April 2019 and that this time-limit had been extended to 11 July 2019. The applicant’s heir’s attention was 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 applicant’s heir received this letter on 20 June 2019. However, no response has been received.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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 6 February 2020.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy