FOURTH SECTION
DECISION
Application no. 28349/18
Nicolae Florin DOGAR against Romania
and 8 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 21 March 2024 as a Committee composed of:
Branko Lubarda, President,
Anne Louise Bormann,
Sebastian Răduleţu, 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. The registered letters either were received by the applicants or were returned to 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 11 April 2024.
Viktoriya Maradudina Branko Lubarda
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/return of the registered letter
28349/18
07/06/2018
Nicolae Florin DOGAR
1990
22/06/2022
02/10/2023
13/11/2023
18/12/2023
03/01/2024
Signed by the applicant’s father
13654/20
07/05/2020
Zoltán BIGA
1970
22/02/2021
02/10/2023
13/11/2023
18/12/2023
Returned to sender on 16/01/2024 as unclaimed
17765/20
25/03/2020
Ionuț-Marian PLEŞEA
1984
26/01/2021
02/10/2023
13/11/2023
18/12/2023
23/12/2023
Signed by the applicant
18808/20
02/06/2020
Ștefan-Ionuț PASTRAMAGIU
1980
15/04/2021
21/09/2023
02/11/2023
07/12/2023
Returned to sender on 28/12/2023
(according to the Romanian Post Tracking System)
25302/20
29/07/2020
Ionel AGAFIȚEI
1980
22/02/2022
21/09/2023
02/11/2023
07/12/2023
28/12/2023
Signed by the Prison representative
30770/20
26/08/2020
Ion-Marian NAICU
1975
15/09/2020
21/09/2023
02/11/2023
07/12/2023
Handed over on 27/12/2023
(according to the Romanian Post Tracking System)
34632/20
26/08/2020
Ionuț-Florin BRUMARU
1983
26/01/2021
02/10/2023
13/11/2023
18/12/2023
29/12/2023
Signed by the applicant
36793/20
03/08/2020
Matei PREDESCU
1961
16/10/2020
02/10/2023
13/11/2023
18/12/2023
28/12/2023
Signed by the applicant
17797/21
18/05/2021
David VARGA
1978
24/08/2023
21/09/2023
02/11/2023
07/12/2023
Handed over on 28/12/2023
(according to the Romanian Post Tracking System)