FOURTH SECTION
DECISION
Application no. 29823/16
Vasile FROSE against Romania
and 11 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 24 November 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 (see the appended table for the relevant dates), the friendly settlement procedure being set in motion through the offices of the Registrar upon communication.
As no reply was received by the Court from the applicants within the provided deadline, the Government submitted unilateral declarations with a view to resolving the issues raised by these complaints. Still no reply was received by the Court from the applicants within the newly provided deadline.
By letters sent by registered post, the applicants were notified that the Court received no response within the time allowed for the submission of their response and that they were provided with a new deadline for submitting a response (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.
The registered letters either returned to the Court as unclaimed or were received by the applicants (see details in the appended table), and there are no previous letters from the applicants informing the Court about the change of address. Even though all the applicants had been released from prison several years before the date of this decision, the last correspondence from them predominantly dates back several years as well (see the appended table for the relevant dates).
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, in the absence of any correspondence from the applicants for several years and considering that, following the communication of their applications to the Government, no reply was received from the applicants, 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 15 December 2022.
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
communication
Date of the Court’s registered letter
Date of receipt/ return of the
registered letter
New time-limit
for submission of
response by the
applicant
Date of the applicant’s
release from prison
29823/16
04/07/2016
Vasile FROSE
1987
03/03/2017
27/05/2021
05/04/2022
13/04/2022
Received by the
applicant
03/05/2022
18/10/2016
30265/16
05/07/2016
Florian ALEXANDRESCU
1987
17/01/2017
27/05/2021
05/04/2022
24/05/2022
Returned to
sender
03/05/2022
09/11/2016
40455/16
05/07/2016
Viorel NEAGOE
1975
19/08/2016
27/05/2021
05/04/2022
15/04/2022
Received by the
applicant
03/05/2022
24/05/2016
45507/16
29/08/2016
Iuliu-Aurelian GABOR
1990
Domnica Gabor
Dumbrava
02/11/2020
27/05/2021
05/04/2022
15/04/2022
Received by the
applicant
03/05/2022
13/12/2016
52800/16
29/11/2016
Mircea-Ioan BUD
1989
06/08/2019
27/05/2021
05/04/2022
08/04/2022
Received by the
applicant
03/05/2022
16/08/2017
53484/16
12/12/2016
Ioniţă TIMIŞ
1973
24/01/2018
27/05/2021
05/04/2022
24/05/2022
Returned to
sender
03/05/2022
15/03/2017
55791/16
16/12/2016
Daniel-Leonid BĂDULESCU
1973
02/01/2017
25/06/2021
05/04/2022
24/05/2022
Returned to
sender
03/05/2022
14/12/2016
65028/16
26/10/2016
Mihai FERENTZ
1972
Paul Istrate
Seica Mare
06/04/2017
27/05/2021
05/04/2022
15/04/2022
Received by the
applicant
03/05/2022
14//02/2017
65413/16
08/12/2016
Francisc MUREŞAN
1970
05/07/2017
27/05/2021
05/04/2022
24/05/2022
Returned to
sender
03/05/2022
27/06/2017
71552/16
31/01/2017
Adrian ACHIM
1987
08/03/2017
27/05/2021
05/04/2022
09/06/2022
Returned to
sender
03/05/2022
07/12/2016
72162/16
29/12/2016
Gheorghe-Liviu IORGA
1972
06/01/2017
27/05/2021
05/04/2022
13/04/2022
Received by the
applicant
03/05/2022
26/12/2016
83546/17
07/12/2017
Marius-Alin BOTEZ
1992
Agustina Botez
Bacau
13/12/2017
27/05/2021
05/04/2022
24/05/2022
Returned to
sender
03/05/2022
10/10/2017