FOURTH SECTION
DECISION
Application no. 46800/16
Ion BARBU against Romania
and 7 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 15 June 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. 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 6 July 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
Representative’s name and location
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
Date of the
applicant’s
release from
prison
46800/16
29/08/2016
Ion BARBU
1980
Lița Barbu
Galaţi
28/01/2021
05/08/2022
16/09/2022
28/11/2022
27/01/2023
Returned to sender
31/10/2017
58505/16
21/11/2016
Daniel ȘERBĂNOIU
1973
15/11/2021
05/08/2022
16/09/2022
28/11/2022
12/12/2022
Received, illegible signature
24/10/2017
59691/16
14/11/2016
Sorin-Dănuț PETRESCU
1986
08/03/2017
09/04/2021
21/05/2021
10/08/2022
20/10/2022
Returned to sender
22/04/2020
60267/16
26/01/2017
Gheorghe SOARE
1975
24/06/2022
05/08/2022
16/09/2022
28/11/2022
12/12/2022
Received, illegible signature
19/12/2017
60453/16
04/04/2017
Dumitru-Cristian AZAMFIREI
1990
17/08/2017
09/04/2021
21/05/2021
10/08/2022
18/01/2023
Returned to sender
05/11/2018
61013/16
12/12/2016
Sebastian CAROLE
1975
13/01/2021
05/08/2022
16/09/2022
28/11/2022
14/12/2022
Signed by the applicant
21/03/2017
63098/16
15/12/2016
Alexandru ZLĂTARI
1957
Alin Moraru
Timisoara
14/09/2020
12/04/2022
24/05/2022
23/09/2022
05/10/2022
Signed by the representative
10/01/2018
12516/17
27/02/2017
Tatian Emanuil CONSTANTIN
1982
14/04/2022
05/08/2022
16/09/2022
28/11/2022
27/01/2023
Returned to sender
22/07/2017