FOURTH SECTION
DECISION
Application no. 3557/16
Constantin GÂNDAC against Romania
and 10 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 3 December 2020 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Liv Tigerstedt, 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 (“the 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 or of certain requested information 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.
The letters were returned to the Court (see details in the appended table) and there are no previous letters from the applicants informing the Court about a change of address. All 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 14 January 2021.
{signature_p_2}
Liv TigerstedtArmen Harutyunyan
Acting Deputy RegistrarPresident
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 Court’s
registered letter
Date of return of the
registered letter
Time-limit for submission by the applicant of the information requested
Date of the applicant’s
release from prison
3557/16
18/02/2016
Constantin GÂNDAC
1985
Ovidiu Chiriac
Brașov
25/08/2020
13/10/2020
‘Unclaimed’
06/10/2020
17/07/2018
33843/16
25/07/2016
Ionuţ Robert MANOLE
1985
-
21/08/2020
13/10/2020
‘Unclaimed’
02/10/2020
16/01/2018
35510/16
07/07/2016
Miluță-Ciprian BOBOC
1984
-
21/08/2020
13/10/2020
‘Unclaimed’
02/10/2020
25/04/2018
36272/16
22/07/2016
Ștefan DRĂGOI
1974
-
21/08/2020
13/10/2020
‘Unclaimed’
02/10/2020
15/03/2018
36274/16
15/07/2016
Gabriel Ciprian DUMA
1990
-
21/08/2020
13/10/2020
‘Unclaimed’
02/10/2020
08/03/2018
39672/16
22/07/2016
Cătălin-Florin PETCU
1977
-
21/08/2020
13/10/2020
‘Unclaimed’
02/10/2020
14/11/2017
42936/16
12/08/2016
Silviu FURDUI
1985
-
21/08/2020
13/10/2020
‘Unclaimed’
02/10/2020
06/03/2018
48513/16
01/09/2016
Petre COVACI
1987
Tercuţa Rostaş
Lunca Mureșului
20/08/2020
13/10/2020
‘Unclaimed’
01/10/2020
09/05/2017
50339/16
21/09/2016
Mihăiță DOBRIN
1993
-
17/09/2020
21/10/2020
‘Moved from the address’
29/10/2020
05/10/2019
56598/16
04/01/2017
Tooby-Marian TAKACS
1986
-
21/08/2020
13/10/2020
‘Unclaimed’
02/10/2020
02/10/2018
65062/16
28/10/2016
Rareș Andrei NIȚU
1993
-
21/08/2020
13/10/2020
‘Recipient not at home’
02/10/2020
05/11/2018
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