FOURTH SECTION
DECISION
Application no. 28342/16
Constantin-Viorel BAŞALDERU against Romania
and 17 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 18 February 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 letters also set a new time‑limit for the submission of the observations by the applicants. 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 letters were returned to 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 applicants have been released from prison. No response to the Court’s letters was received from the applicants.
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 11 March 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 Court’s
registered letter
Date and reason of
return of the
registered letter
New time-limit for
submission of observations
by the applicant
Date of the
applicant’s
release from prison
28342/16
11/07/2016
Constantin-Viorel BAŞALDERU
1985
25/09/2020
16/11/2020
‘Released’
06/11/2020
18/12/2018
29446/16
29/06/2016
Vasile UŞURELU
1979
Eduard Gabriel Mihai,
Florești
30/09/2020
16/11/2020
‘Moved from address’
11/11/2020
03/07/2018
32385/16
05/12/2016
Osman HOȘ
1984
30/09/2020
16/11/2020
‘Unclaimed’
12/11/2020
04/09/2018
34200/16
14/11/2016
Constantin SĂRĂTEANU
1991
30/09/2020
16/11/2020
‘Unclaimed’
12/11/2020
05/09/2018
36586/16
25/10/2016
Alexandru-Cosmin ȘERBAN
1986
14/09/2020
27/10/2020
‘Released’
26/10/2020
31/07/2018
38621/16
02/08/2016
Serghei GORBUNOV
1979
14/10/2020
22/12/2020
‘Unclaimed’
25/11/2020
19/03/2019
40007/16
17/11/2016
Liviu-Flavius MOLDOVAN
1980
05/10/2020
04/11/2020
‘Released’
16/11/2020
26/02/2018
41861/16
01/09/2016
Gheorghe TUDORAȘCU
1970
05/10/2020
27/11/2020
‘Released’
16/11/2020
19/12/2017
45515/16
13/09/2016
Marian STAMATE
1987
05/10/2020
27/11/2020
‘Released’
16/11/2020
13/06/2018
45668/16
22/08/2016
Cornel ROIBU
1958
05/10/2020
16/11/2020
‘Incomplete address’
16/11/2020
09/10/2018
45845/16
29/08/2016
Ionuț-Eugen SZEKELY
1992
05/10/2020
16/11/2020
‘Moved from address’
16/11/2020
07/11/2017
46133/16
19/10/2016
Marin CĂLIN
1956
07/10/2020
16/11/2020
‘Released’
18/11/2020
02/10/2018
46249/16
29/08/2016
Aurel RAȚĂ
1981
07/10/2020
16/11/2020
‘Unclaimed’
18/11/2020
17/07/2018
46386/16
12/09/2016
Nicolae MAXIM
1956
07/10/2020
27/11/2020
‘Released’
18/11/2020
30/10/2019
46390/16
22/08/2016
Toni-Constantin FEDOROVICI
1973
07/10/2020
16/11/2020
‘Moved from address’
18/11/2020
22/02/2019
47814/16
10/10/2016
Vasile DOMNU
1971
12/10/2020
21/12/2020
‘Unclaimed’
23/11/2020
22/12/2018
62908/16
20/12/2016
George-Adrian GRIGORE
1984
12/10/2020
27/12/2020
‘Unclaimed’
23/11/2020
27/11/2019
79471/16
31/01/2017
Florian CIURARU
1974
25/09/2020
21/12/2020
‘Unclaimed’
06/11/2020
27/12/2017
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