FOURTH SECTION
DECISION
Application no. 39776/16
Robert AVROIAN against Romania
and 2 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 23 March 2023 as a Committee composed of:
Tim Eicke, President,
Branko Lubarda,
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 (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.
The registered letters were received by the applicants (see details in the appended table). No reply to these letters has been received by the Court.
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 April 2023.
Viktoriya Maradudina Tim Eicke
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 sending Government’s observations to the applicant
Time limit of submission of response by the applicant
Date of the Court’s
registered letter
Date of receipt of the registered letter
39776/16
18/08/2016
Robert AVROIAN
1994
01/09/2021
28/07/2022
25/08/2022
10/11/2022
21/11/2022
58145/16
24/10/2016
Ilie-Cosmin DUMITRU
1984
22/04/2021
28/07/2022
25/08/2022
10/11/2022
21/11/2022
63430/17
02/08/2017
Ioan LUPU
1966
01/09/2020
21/07/2022
18/08/2022
10/11/2022
18/11/2022