FOURTH SECTION
DECISION
Applications nos. 26442/19 and 13273/21
Flavius-Constantin DEACONESCU against Romania and
Dragoș-Gabriel BRĂTĂNESCU against Romania
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 23 March 2023 as a Committee composed of:
Tim Eicke, President,
Branko Lubarda,
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 8 § 1 of the Convention concerning the refusal of leave to prisoner for attending funeral of close relatives were communicated to the Romanian Government (“the 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 to the Registry’s letter.
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) and there are no previous letters from the applicants informing the Court about the 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 13 April 2023.
Viktoriya Maradudina Tim Eicke
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 § 1 of the Convention
(refusal of leave to prisoner for attending funeral of close relatives)
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 of submission of response by the applicant
Date of the Court’s registered letter
Date of receipt/
return of the registered letter
26442/19
03/07/2019
Flavius-Constantin DEACONESCU
1994
03/02/2021
24/06/2021
05/08/2021
12/10/2022
24/10/2022
Signed by the applicant’s father
25/10/2022
Signed by the Târgu-Jiu prison representative
13273/21
29/03/2021
Dragoș-Gabriel BRĂTĂNESCU
1982
06/01/2022
04/04/2022
16/05/2022
02/12/2022
13/12/2022
Signed by the applicant’s representative
06/02/2023
The letter sent to the applicant returned to sender as unclaimed