FOURTH SECTION
DECISION
Application no. 68078/17
Ilie GHEBENEI against Romania
and 7 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 2 February 2023 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, 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 2 March 2023.
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
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
68078/17
07/09/2017
Ilie GHEBENEI
1987
12/12/2017
27/06/2022
08/08/2022
14/09/2022
17/10/2022
Letter handed over to the recipient
(according to information on the website of the Romanian Post)
07/03/2017
18828/18
11/04/2018
Mihai-Ionuț FRANȚ
1966
11/04/2018
11/08/2022
22/09/2022
19/10/2022
01/11/2022
Letter handed over to the recipient
(according to information on the website of the Romanian Post)
17/10/2017
20407/18
19/04/2018
Romis-Vasile LUCHEAN
1978
Constantin-Marius Rădăcină
Rădăuți
11/06/2018
11/08/2022
22/09/2022
19/10/2022
31/10/2022
Received
both by the applicant and his representative
25/10/2017
5888/19
13/03/2019
Liviu-Dănuț VIERU
1971
13/11/2019
17/06/2022
29/07/2022
14/09/2022
26/09/2022
Signed for receipt by a third party living at the address indicated in the application form as home address
16/10/2018
47797/19
30/09/2019
Răzvan-Nicolae GRANCEA
1991
02/09/2020
11/08/2022
22/09/2022
19/10/2022
31/10/2022
Signed for receipt by the applicant’s mother
22/10/2020
53620/19
16/12/2019
Traian-Vasile BRAILOVSCHI
1974
24/04/2020
11/08/2022
22/09/2022
19/10/2022
31/10/2022
Signed for receipt by the applicant
24/03/2020
3460/20
05/02/2020
Dumitru TOMA
1953
15/06/2021
11/08/2022
22/09/2022
19/10/2022
01/11/2022
Signed for receipt by the applicant
18/03/2020
6611/20
03/03/2020
Ion-Emil CIMPUERU
1987
05/08/2020
11/08/2022
22/09/2022
19/10/2022
01/11/2022
Signed for receipt by the applicant
17/12/2019