FOURTH SECTION
DECISION
Application no. 60388/16
Ioan GABOR
against Romania
The European Court of Human Rights (Fourth Section), sitting on 5 May 2022 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 4 November 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ioan Gabor, was born in 1971.
On 4 February 2021 the Court delivered a decision in two cases, which included the present application (see Ganga and Gabor v. Romania (dec.) [Committee], nos. 36506/16 and 60388/16), and decided to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention on the basis of a unilateral declaration submitted by the Romanian Government (“the Government”), acknowledging a violation of Article 3 of the Convention due to the applicant’s inadequate conditions of detention and awarding him 900 euros (EUR) in respect of pecuniary and non-pecuniary damage and costs and expenses.
On 21 April 2021 the Government made a request to restore the application to the Court’s list of cases, as during the enforcement of the Court’s decision they had learned that the applicant had died on 27 November 2020 and no heir had manifested an intention to pursue the proceedings before the Court in the applicant’s place.
On 20 May 2021 the Court decided, under Rule 43 § 5 of the Rules of the Court, to disjoin the present application from that to which it had been joined (see above) and to restore it to its list of cases, considering the fact of the applicant’s death.
By letters dated 28 May and 8 October 2021, both sent by registered post, the applicant’s potential heirs were notified that the application had been restored to the Court’s list of cases. They were invited to inform the Court whether they wished to pursue the application before the Court. Their attention was 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 they do not intend to pursue the application.
No reply was received to the first letter and the second letter was returned to the Court as unclaimed.
THE LAW
In the light of the foregoing, the Court concludes that the applicant’s potential heirs do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 25 May 2022.
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President