FOURTH SECTION
DECISION
Application no. 1190/18
Cristi BEJINARIU against Romania
and 5 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 8 December 2022 as a Committee composed of:
Armen Harutyunyan, President,
Anja Seibert-Fohr,
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 (see the appended table for the relevant dates), the friendly settlement procedure being set in motion through the offices of the Registrar upon communication. No reply was received by the Court from the applicants within the provided deadline.
By letters sent by registered post, the applicants were notified that the Court received no response within the time allowed for the submission thereof (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 either returned to the Court as unclaimed or were received by the applicants (see details in the appended table). There are no previous letters from the applicants informing the Court about the change of address. The applicants had been released from prison several years before the date of this decision, and the last correspondence from them also dates back several years (see the appended table for the relevant dates).
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, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.
Accordingly, the cases should be struck 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 12 January 2023.
Viktoriya Maradudina Armen Harutyunyan
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
communication to
the Court
Date of
communication
Time-limit
for submitting
response by the
applicant
Date of the
Court’s
registered
letter)
Date of
return/delivery
of the registered
letter
Date of the
applicant’s
release
from prison
1190/18
19/12/2017
Cristi BEJINARIU
1980
01/02/2018
14/03/2022
04/07/2022
19/09/2022
10/10/2022
(returned to sender according to information on the website of the Romanian Post)
01/07/2017
2334/18
22/12/2017
Stelian-Ioan RAȚIU
1961
Sándor-Attila Szöcs
Cluj-Napoca
26/02/2018
14/03/2022
04/07/2022
19/09/2022
30/09/2022
(delivered)
25/07/2017
5611/18
16/01/2018
Viorel-Marinel CARPINE
1987
Cristian Trifan
Arad
07/03/2018
14/03/2022
04/07/2022
19/09/2022
30/10/2022
(returned to sender according to information on the website of the Romanian Post)
18/07/2017
6288/18
26/01/2018
Remus-Vasile ANDREI
1982
26/01/2018
14/03/2022
04/07/2022
19/09/2022
30/09/2022
(delivered)
09/08/2017
8892/18
02/02/2018
Demirel ALI
1995
02/02/2018
14/03/2022
04/07/2022
19/09/2022
10/10/2022
(returned to sender according to information on the website of the Romanian Post)
06/09/2017
16764/18
02/04/2018
Gheorghe OROS
1966
02/04/2018
14/03/2022
04/07/2022
19/09/2022
03/10/2022
(returned to sender according to information on the website of the Romanian Post)
03/10/2017