FOURTH SECTION
DECISION
Application no. 40513/16
Neculai BÎRZU against Romania
and 4 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 20 May 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 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).
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 10 June 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
Date of the applicant’s last letter to the Court
Date of the
Court’s
registered letter
Date of receipt
of the registered letter
New time-limit for
submission of observations by the applicant
Date of the applicant’s release from prison
40513/16
29/07/2016
Neculai BÎRZU
1972
04/08/2016
06/01/2021
15/01/2021
Letter sent to the applicant’s ID address. Signature illegible
17/02/2021
21/08/2018
43105/16
23/12/2016
Cosmin-Constantin-George ONCIAN
1984
19/05/2020
07/01/2021
15/01/2021
Letter signed by the Craiova Prison’s representative
18/02/2021
11/08/2018
The applicant was reincarcerated and currently in Craiova Prison
43217/16
17/08/2016
Cristi-Ionel CIOBOTĂ
1977
29/05/2018
07/01/2021
25/01/2021
Letter sent to the applicant’s ID address signed by the applicant’s father
18/02/2021
09/05/2018
45837/16
03/10/2016
Costel GEANTÎC
1968
05/05/2020
13/01/2021
25/01/2021
Letter signed by the Giurgiu Prison’s representative
24/02/2021
In detention at Giurgiu Prison
61509/16
18/01/2017
Jalal Charif CHARAF
1964
25/04/2017
27/01/2021
02/03/2021
Letter sent to the applicant’s ID address and delivered in the country of destination Venezuela (as results from documents extracted from the post office website)
10/03/2021
18/01/2018
Full & Egal Universal Law Academy