FOURTH SECTION
DECISION
Application no. 26001/16
József Attila DUKA against Romania
and 8 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 9 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 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) 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 30 March 2023.
Viktoriya Maradudina Tim Eicke
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
26001/16
02/06/2016
József Attila DUKA
1992
06/06/2016
17/06/2020
29/07/2020
02/03/2021
29/03/2021
Unclaimed
According to the latest documents submitted by the applicant, he was still in detention at the time.
55651/16
12/10/2016
Alexandru BOANCĂ
1982
27/03/2017
09/04/2021
21/05/2021
01/07/2022
12/07/2022
Signed by the applicant
According to the latest documents submitted by the applicant, he was still in detention at the time.
61439/16
14/11/2016
Vasile DARMAZ
1982
07/03/2017
19/06/2020
31/06/2020
02/03/2021
05/04/2021
Unclaimed
According to the latest documents submitted by the applicant, he was still in detention at the time.
64410/16
21/12/2016
Gheorghe STANCA
1966
10/11/2020
31/05/2022
12/07/2022
05/08/2022
17/08/2022
Signed for receipt by a relative
30/01/2018
23532/17
08/05/2017
Tudor-Alexandru IONESCU
1993
19/07/2017
03/06/2021
15/07/2021
11/10/2021
13/10/2021
Moved
23/05/2017
23628/17
20/03/2017
Bogdan BORANGIC
1983
11/09/2021
23/02/2021
06/04/2021
23/07/2021
12/08/2021
Unclaimed
19/04/2017
39784/17
23/05/2017
Ion LUNGU
1966
Andreea-Gabriela Cadar
Galați
20/01/2021
08/04/2022
20/05/2022
05/08/2022
16/08/2022
Signed for receipt by the applicant’s representative
18/01/2017
61779/17
17/08/2017
Vasile-Constantin PĂDURARIU
1993
Andreea-Gabriela Cadar
Galați
20/01/2021
08/04/2022
20/05/2022
05/08/2022
16/08/2022
Signed for receipt by the applicant’s representative
20/03/2017
3426/18
28/12/2017
Dan Valentin SOARE
1980
Andreea-Gabriela Cadar
Galați
20/01/2021
08/04/2022
20/05/2022
05/08/2022
16/08/2022
Signed for receipt by the applicant’s representative
06/09/2017