FOURTH SECTION
DECISION
Application no. 46486/16
George-Aurel CRISTEA against Romania
and Fănel VARGA against Romania
The European Court of Human Rights (Fourth Section), sitting on 23 November 2023 as a Committee composed of:
Faris Vehabović, President,
Anja Seibert-Fohr,
Anne Louise Bormann, 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 (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 14 December 2023.
Viktoriya Maradudina Faris Vehabović
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 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 of the registered letter
Date of release
46486/16
02/09/2016
George-Aurel CRISTEA
1978
28/02/2022
23/01/2023
06/03/2023
19/06/2023
Handed over on 28/06/2023, according to information on the website of the Romanian Post
In detention in Rahova Prison, according to the applicant’s last letter and the Government’s observations of 20/12/2022
70547/16
14/12/2016
Fănel VARGA
1969
21/11/2022
23/01/2023
06/03/2023
19/06/2023
Handed over on 07/07/2023, according to information on the website of the Romanian Post
In detention in Bistrița Prison, according to the applicant’s last letter and the Government’s observations of 20/12/2022
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