FOURTH SECTION
DECISION
Applications nos. 32474/16 and 33703/16
Ionel CÎRPACI against Romania and
Vasile-Aurel ȘTEFAN against Romania
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 21 January 2021 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.
By letters sent by registered post on the dates indicated in the appended table, the applicants were invited to inform the Court about any developments or changes in their situation at the domestic level. The applicants’ attention was 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. Both applicants have been released from prison.
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 11 February 2021.
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
by the applicant of the
information requested
Date of the applicant’s release from prison indicated by the Government
32474/16
28/06/2016
Ionel CÎRPACI
1975
28/06/2016
24/02/2020
The letter sent to the applicant’s home address returned as “unclaimed” on 13/03/2020
23/03/2020
28/01/2020
33703/16
28/06/2016
Vasile- Aurel ȘTEFAN
1985
28/06/2016
12/02/2020
13/03/2020
(the applicant’s mother signed for the receipt of the letter sent to the applicant’s home address)
11/03/2020
19/06/2019
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