FOURTH SECTION
DECISION
Application no. 9473/16
Crăciun-Alin BERKI against Romania
and 13 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 17 December 2020 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Liv Tigerstedt, 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 (“the 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 21 January 2021.
{signature_p_2}
Liv TigerstedtArmen 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
Date of the applicant’s last
letter to the Court
Date of the Court’s
registered letter
Date of receipt of the
registered letter
Time-limit for submission of observations
by the applicant
Date of the applicant’s
release from prison
9473/16
11/03/2016
Crăciun-Alin BERKI
1982
06/04/2018
01/07/2020
20/07/2020
Signed by the applicant’s mother
12/08/2020
23/01/2018
13023/16
25/03/2016
Marian-Emanuel ENACHE
1982
16/05/2018
01/07/2020
28/09/2020
Letter returned as “unclaimed”
12/08/2020
Released on 04/05/2016
Currently serving a new sentence in Găeşti Prison
13384/16
28/03/2016
Doru PREDA
1970
01/03/2018
01/07/2020
23/07/2020
Signed by the applicant
12/08/2020
07/11/2017
16635/16
23/05/2016
Ciprian Costel NACOP
1988
19/07/2019
13/03/2020
26/03/2020
Illegible signature
24/04/2020
07/06/2019
16956/16
04/05/2016
Rafael-Ion ANGHEL
1978
17/11/2017
08/07/2020
02/09/2020
Letter returned – reason illegible
19/08/2020
07/11/2017
17865/16
22/04/2016
Adrian-Vasile MÎRZA
1970
14/05/2018
08/07/2020
31/07/2020
Signed by the applicant
19/08/2020
17/01/2018
23114/16
16/05/2016
Nicolae-Adrian TOPOR
1992
19/05/2018
08/07/2020
27/07/2020
Signed by T.J.
19/08/2020
09/01/2018
24941/16
23/05/2016
Vitali PAȘCANU
1980
11/04/2018
08/07/2020
21/07/2020
Signed by the applicant’s nephew
19/08/2020
14/11/2017
26469/16
31/05/2016
Mircea BALC
1967
19/04/2018
07/07/2020
03/08/2020
Signed by the applicant’s mother
18/08/2020
14/11/2017
26487/16
01/07/2016
Liviu-Darius BÂRCI
1987
01/02/2018
07/07/2020
02/09/2020
Letter returned as “recipient moved”
18/08/2020
09/01/2018
31324/16
28/05/2016
Cristi POPOIU
1993
Represented by Ionela Mărgărit, Bucharest
15/11/2019
07/07/2020
21/08/2020
Letter returned as
“unclaimed”
18/08/2020
06/02/2018
33628/16
19/05/2016
Jan TEIANU
1962
20/06/2018
07/07/2020
11/08/2020
Signed by M.P.
18/08/2020
04/01/2018
35980/16
25/08/2016
Romică PETRE
1987
10/04/2017
07/07/2020
28/09/2020
Letter returned – reason illegible
18/08/2020
13/02/2018
36591/16
18/10/2016
Mihai FERARU
1992
14/12/2016
30/06/2020
02/09/2020
Letter returned as “unclaimed”
11/08/2020
11/04/2018
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