FOURTH SECTION
DECISION
Application no. 235/16
Marian-Ioan ALMĂŞAN against Romania
and 3 other applications
(see appended list)
The European Court of Human Rights (Fourth Section), sitting on 29 September 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 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 (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations.
By letters sent by registered post, the applicants were notified that the time allowed for the submission of their observations or of certain requested information 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) and there are no previous letters from the applicants informing the court about a change of address. All the applicants have been released from prison.
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 application out of its list of cases.
Done in English and notified in writing on 22 October 2020.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
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
Date of birth
Representative’s name and location
Date of the Court’s
registered letter
Date of receipt of the
registered letter
Time-limit for submission
by the applicant of the
information requested
Date of the applicant’s
release from prison
235/16
19/04/2016
Marian-Ioan ALMĂŞAN
1985
Ovidiu Chiriac
Braşov
19/02/2020
25/02/2020
Illegible signature
01/04/2020
07/11/2017
31896/16
11/07/2016
Alexandru TURTURICĂ
1989
16/06/2020
Returned as “unclaimed” on 09/07/2020
28/07/2020
31/07/2018
45163/16
30/09/2016
Florin Daniel BUSUIOC
1975
16/06/2020
Letter sent to the applicant’s home address returned as “recipient moved” on 25/06/2020
28/07/2020
Previous letter sent to prison returned as “recipient released from prison” on 12/02/2020
53323/16
26/09/2016
Valerian GUTUI
1980
16/06/2020
29/06/2020
Illegible signature
28/07/2020
11/09/2018
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