FOURTH SECTION
DECISION
Application no. 5165/16
Cornel ANDRIESCU against Romania
and 4 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 11 March 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) and 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 1 April 2021.
{signature_p_2}
Viktoriya MaradudinaArmen Harutyunyan
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
Year of birth
Representative’s name and location
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
5165/16
26/05/2016
Cornel ANDRIESCU
1971
Gina-Nicoleta Ilie
Bucharest
26/05/2016
16/11/2020
04/12/2020
Signed for receipt by the applicant
28/12/2020
28/08/2019
33514/16
04/07/2016
Cătălin ANDRONACHE
1989
22/05/2020
23/11/2020
03/12/2020
Signed for receipt by the representative of the prison’s administration
04/01/2021
In detention at Galați Prison.
35979/16
27/07/2016
Ionel PANĂ
1970
30/10/2020
16/11/2020
02/12/2020
According to the official website of the Romanian Postal Service
28/12/2020
In detention at Ploiești Prison.
39959/16
02/08/2016
Florin ENE
1991
28/10/2016
19/11/2020
03/12/2020
Signed for receipt by the representative of the prison’s administration
04/01/2021
In detention at Rahova Prison.
62850/16
13/10/2016
Ioan GAVRILUŢ
1986
13/10/2016
21/08/2020
Returned to the Court as unclaimed on 10/09/2020
02/10/2020
24/04/2018
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