FOURTH SECTION
DECISION
Application no. 42728/16
Doru-Leonard DESPĂU against Romania
and 4 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 8 December 2022 as a Committee composed of:
Armen Harutyunyan, President,
Anja Seibert-Fohr,
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 or by the Court’s Electronic Communication Service (eComms), 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. 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 12 January 2023.
{signature_p_2}
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
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
Date of the applicant’s release from prison
42728/16
19/08/2016
Doru-Leonard DESPĂU
1984
21/10/2020
04/02/2022
04/03/2022
03/05/2022
17/05/2022
Signed by the applicant’s relatives
14/11/2017
45627/16
01/09/2016
Constantin-Marian LAŢCU
1981
17/02/2022
11/07/2022
08/08/2022
27/09/2022
07/10/2022
Illegible signature
03/05/2018
54403/16
21/12/2016
Gilbert SENOFRON
1954
Iuliana Senofron
Bucharest
08/10/2021
11/07/2022
08/08/2022
27/09/2022
05/10/2022
Illegible signature
14/03/2020
29607/17
16/05/2017
Andrei CATARGIU
1987
26/05/2021
11/07/2022
08/08/2022
27/09/2022
06/10/2022
Delivered to the recipient (according to the official website of Romania’s Postal Service)
19/09/2017
61831/17
17/08/2017
Zoltan VARGA
1979
Marius-Sorin Moldovan
Cluj-Napoca
13/05/2022
11/07/2022
08/08/2022
27/09/2022
28/09/2022
(according to the Court’s Electronic Communication Service)
21/03/2017