FOURTH SECTION
DECISION
Applications nos. 23990/16 and 43209/16
Vasile-Lucian BOIAN against Romania
and Alexandru GATI against Romania
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 9 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. 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 not claimed by the addressees (see details in the appended table). 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 the 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 30 March 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
Date of the Court’s
registered letter
Date of receipt/ return of the registered letter
Date of the
applicant’s
release from prison
23990/16
20/04/2016
Vasile-Lucian BOIAN
1983
Gheorghe Pecingină
Târgu Jiu
18/03/2021
12/09/2022
22/11/2022
Returned as unclaimed on 27/01/2023
23/12/2015
43209/16
09/11/2016
Alexandru GATI
1977
21/07/2021
16/09/2022
26/10/2022
Returned as unclaimed on 27/01/2023
09/09/2022