FOURTH SECTION
DECISION
Application no. 78654/17
Dănuţ BUZDUGAN against Romania
and 15 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 4 April 2024 as a Committee composed of:
Branko Lubarda, President,
Anne Louise Bormann,
Sebastian Răduleţu, 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 (see the appended table for the relevant dates). 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. The registered letters either were received by the applicants or were returned to the Court (see details in the appended table). 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 25 April 2024.
Viktoriya Maradudina Branko Lubarda
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
Time-limit for submission of response by the applicant
Date of the Court’s registered letter
Date of receipt/return of the registered letter
78654/17
21/12/2017
Dănuţ BUZDUGAN
1964
20/10/2022
08/09/2023
20/10/2023
29/11/2023
Received by the applicant on 08/12/2023, illegible signature
20509/20
22/06/2020
Lucian GUIAȘ
1965
Lidia Guias
Stănești
18/04/2023
08/09/2023
20/10/2023
29/11/2023
Received by the applicant on 06/12/2023
24305/20
04/06/2020
Gheorghe OCHEA
1950
19/01/2021
08/09/2023
20/10/2023
29/11/2023
Received by the applicant on 06/12/2023, illegible signature
28888/20
25/08/2020
Emanuel-Marian BORZOŞ
1990
16/11/2020
08/09/2023
20/10/2023
29/11/2023
Received by the applicant on 12/12/2023
29513/20
21/08/2020
Maxim Ionel TOTOI
1987
16/08/2022
08/09/2023
20/10/2023
29/11/2023
Signed by the prison’s representative on 08/12/2023
38504/20
21/09/2020
Ionuț CODRIANU
1991
31/07/2023
24/08/2023
05/10/2023
07/11/2023
Received by the applicant on 17/11/2023, illegible signature
38601/20
05/10/2020
Ciprian MARIAȘ
1976
06/06/2023
22/08/2023
03/10/2023
07/11/2023
Received by the applicant on 15/11/2023
38876/20
30/10/2020
Marius Vasile BALCAN
1978
26/01/2021
22/08/2023
03/10/2023
07/11/2023
Returned on 08/12/2023 by the prison with the mention “transferred/ moved”
39008/20
21/08/2020
Ali-Lucian MAZILU
1980
16/11/2020
22/08/2023
03/10/2023
07/11/2023
Received by the applicant’s designated person on 16/11/2023
39119/20
01/10/2020
Alexandru-Nicolae DINU
1991
09/12/2020
22/08/2023
03/10/2023
07/11/2023
Returned by Rahova prison specifying that the applicant (released on 13/11/2021), could not be found at his domicile to be handed the Court’s letter
39134/20
28/09/2020
Gheorghe FRUNZĂ
1959
23/03/2021
22/08/2023
03/10/2023
07/11/2023
Received by the applicant on 15/11/2023
40787/20
05/10/2020
Cătălin-Georgel ŢUIU
1983
21/11/2022
08/09/2023
20/10/2023
29/11/2023
Signed by the prison’s representative on 06/12/2023
10880/21
08/04/2021
Ciprian ABUCULESEI
1984
16/06/2021
07/09/2023
19/10/2023
23/11/2023
Signed by the prison’s representative on 05/12/2023
20660/21
22/06/2021
Constantin PANCU
1970
23/11/2023
07/09/2023
19/10/2023
28/11/2023
Received by the applicant on 08/12/2023
22366/21
20/04/2021
Adrian BARBURAŞ
1990
17/06/2021
07/09/2023
19/10/2023
23/11/2023
Signed by the prison’s representative on 05/12/2023
25572/21
09/07/2021
Istvan SZÁSZ
1996
15/07/2021
01/09/2023
13/10/2023
15/11/2023
Received by the applicant on 24/11/2023, illegible signature