FOURTH SECTION
DECISION
Application no. 21225/16
Marian DIACONU 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). All the 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 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
Representative’s name and location
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
21225/16
16/05/2016
Marian DIACONU
1971
25/04/2019
17/03/2021
Returned to the Court on 13/04/2021
(according to the official website of Romania’s Postal Service)
28/04/2021
14/06/2019
31571/16
21/10/2016
Constantin ATUDOREI
1965
21/10/2016
28/04/2021
Returned to the Court as “recipient refused to receive the letter” on 20/08//2021
09/06/2021
29/09/2016
31868/16
27/06/2016
Iulian IACOMI
1994
06/10/2016
18/06/2021
Returned to the Court as “recipient moved abroad” on 20/08/2021
30/07/2021
06/02/2018
34083/16
06/07/2016
Vasile VLĂSCEANU
1965
10/02/2017
14/10/2020
Returned to the Court on 17/11/2020
(according to the official website of Romania’s Postal Service)
25/11/2020
07/03/2018
36464/16
13/06/2016
Răzvan-Darius ZBENGHEA
1986
10/01/2017
24/03/2021
Handed over to the applicant
on 09/04/2021
(according to the official website of Romania’s Postal Service)
05/05/2021
16/05/2018
38178/16
18/07/2016
Vasile PĂTRAȘCU
1968
30/10/2017
06/08/2021
Returned to the Court for unknown reason on 14/09/2021
17/09/2021
29/08/2017
38835/16
21/07/2016
Marcu LĂCĂTUȘ
1979
28/03/2017
12/08/2021
Returned to the Court as “unclaimed” on 04/10/2021
23/09/2021
14/03/2017
597/17
26/01/2017
Vasilică FULGA
1995
30/05/2017
24/03/2021
08/04/2021
Signed for receipt by a third party living at the address indicated in the applicant’s ID as a home address
05/05/2021
01/10/2020
6170/17
03/01/2017
Alexandru HENDRE
1982
Csongor Szabo
Săcuieni
25/09/2018
23/04/2021
Returned to the Court as “unclaimed” on 20/08/2021
04/06/2021
12/04/2017
45433/18
10/10/2018
Cornel-Robert GEORGESCU
1988
10/10/2018
06/05/2021
Returned to the Court as “unclaimed” on 20/08/2021
17/06/2021
25/02/2020
58573/18
17/01/2019
Alin CURARARIU
1973
05/12/2019
31/05/2021
Returned to the Court from the home address as “moved” on 20/08/2021
12/07/2021
07/07/2020
3273/19
31/01/2019
Pardalian Bobi CIRȚIU
1993
31/01/2019
23/08/2021
The first letter sent to the home address was returned to the Court on 23/04/2021
(according to the official website of Romania’s Postal Service)
The second letter sent to the same address was returned to the Court as “[the applicant] moved” on 12/10/2021
04/10/2021
04/08/2020
6350/19
13/02/2019
Ionuț-Vasile ASOFRONEI
1991
11/01/2021
17/03/2021
Handed over to the applicant
on 05/04/2021
(according to the official website of Romania’s Postal Service)
28/04/2021
23/12/2020
6351/19
14/02/2019
Mircea VARODI
1960
18/02/2021
24/03/2021
08/04/2021
Signed for receipt by the applicant’s daughter
05/05/2021
03/02/2021
45540/19
16/09/2019
Gheorghe-Ionuț MILITARU
1973
16/09/2019
08/07/2021
The letter was sent to the prison address and returned to the Court on 20/08/2021 as “applicant released”.
A previous letter sent to the home address had been returned on 09/06/2021 as “unclaimed”.
19/08/2021
16/12/2020
46810/19
29/01/2020
Florian RADU
1967
05/01/2021
31/05/2021
Handed over to the applicant
on 14/06/2021
(according to the official website of Romania’s Postal Service)
12/07/2021
15/12/2020
13538/20
31/03/2020
Lucian-Paul BOGHIAN
1987
23/10/2020
12/08/2021
Returned to the Court as “unclaimed” on 12/10/2021
23/09/2021
05/10/2020