FOURTH SECTION
DECISION
Application no. 38836/16
Gabriel CONSTANTIN against Romania
and 16 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 November 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 16 December 2021.
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
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
38836/16
25/07/2016
Gabriel CONSTANTIN
1992
08/12/2020
29/07/2021
09/08/2021
Signed by a relative
09/09/2021
28/02/2017
39100/16
08/08/2016
Constantin Adrian ROȘOGA
1992
16/10/2020
29/07/2021
07/08/2021
Signed by a relative
09/09/2021
14/03/2017
39287/16
11/08/2016
Gheorghe COSTACHE
1970
16/08/2018
29/07/2021
06/08/2021
Signed - illegible signature
09/09/2021
02/08/2016
42123/16
16/03/2016
Marius Cristian MAGHERU
1994
16/10/2020
29/07/2021
10/08/2021
Signed - illegible signature
09/09/2021
13/12/2016
42458/16
05/08/2016
Costel BANAGA
1983
15/09/2017
29/07/2021
13/08/2021
Signed - illegible signature
09/09/2021
22/08/2017
42485/16
29/09/2016
Ianuș ȚÎMPU
1970
29/10/2020
29/07/2021
09/08/2021
Signed - illegible signature
09/09/2021
08/11/2016
47458/16
20/09/2016
Gheorghe-Giulian BLIDARIU
1991
27/08/2018
23/07/2021
03/08/2021
Signed - illegible signature
03/09/2021
05/09/2017
48683/16
16/09/2016
Constantin MARICA
1956
27/10/2016
23/07/2021
03/08/2021 Signed - illegible signature
03/09/2021
19/10/2016
48874/16
19/09/2016
Ionuț-Emil VORNICU
1993
27/10/2017
23/07/2021
05/08/2021
Signed by a relative
03/09/2021
27/06/2017
49019/16
16/09/2016
Gheorghe MARANDEI
1974
12/10/2017
23/07/2021
03/08/2021
Signed by the applicant
03/09/2021
05/09/2017
49344/16
14/09/2016
Florin-Auraș DUȚĂ
1989
16/10/2020
23/07/2021
05/08/2021
Signed - illegible signature
03/09/2021
13/09/2016
49644/16
13/10/2016
Andrei HANDRA
1995
03/11/2020
23/07/2021
06/08/2021
Signed by a relative
03/09/2021
26/01/2017
51034/16
27/10/2016
Săvică-Daniel CREȚU
1984
09/02/2017
23/07/2021
11/08/2021
Signed – illegible signature
03/09/2021
20/09/2016
51335/16
21/04/2017
Constantin MOCANU
1985
02/05/2017
23/07/2021
11/08/2021
Signed by a relative
03/09/2021
22/11/2016
59647/16
03/02/2017
Petrișor Cosmin MOLDOVANU
1976
17/10/2020
23/07/2021
20/08/2021
Signed – illegible signature
03/09/2021
22/11/2016
63198/16
20/12/2016
Petru BLAJ
1964
10/05/2017
23/07/2021
05/08/2021
Signed - illegible signature
03/09/2021
05/04/2017
65920/16
08/02/2017
Florin-Andrei BULIȘCĂ
1991
16/10/2020
23/07/2021
03/08/2021
Signed - illegible signature
03/09/2021
13/09/2016