FOURTH SECTION
DECISION
Application no. 31880/16
Iulian GHEORGHIȚĂ against Romania
and 9 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. In application no. 31880/16 the Government notified the Court that the applicant had changed his name from Gheorghiţă to Nistoreasa. The Court advised the parties that it would continue processing the application under the case name of Gheorghiţă v. Romania. This corresponded to the applicant’s name as referred to in his application lodged with the Court.
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 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
Date of the applicant’s last letter to the Court
Date of sending the Government’s observations to the applicant
Time-limit for submitting
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
31880/16
21/07/2016
Iulian NISTOREASA
(former GHEORGHIȚĂ)
1983
21/07/2016
29/01/2021
30/07/2021
10/08/2022
20/10/2022
Letter returned to sender
as “unclaimed”
11/06/2019
33661/16
01/07/2016
Costel-Claudiu PURCĂRIN
1989
22/04/2021
14/04/2022
26/05/2022
08/07/2022
19/07/2022
Illegible signature
16/01/2018
34049/16
01/07/2016
Alexandru DRAGOMIRESCU
1984
21/05/2019
14/04/2022
26/05/2022
08/07/2022
05/08/2022
Illegible signature
28/03/2018
37170/16
25/07/2016
Ștefan LUCACI
1975
14/08/2018
14/04/2022
26/05/2022
08/07/2022
14/09/2022
Letter returned to sender
as “not picked up”
31/10/2017
38248/16
29/07/2016
Nicolae STAN
1969
21/05/2019
14/04/2022
26/05/2022
08/07/2022
15/07/2022
Signed for receipt by the applicant
20/03/2019
38316/16
21/07/2016
Stelică URSACHI
1972
02/10/2018
14/04/2022
26/05/2022
08/07/2022
19/07/2022
Letter handed over to the recipient
(according to information on the website of the Romanian Post)
15/08/2018
57546/16
03/11/2016
Vasile RETEAN
1968
16/12/2020
14/04/2022
26/05/2022
08/07/2022
20/07/2022
Signed for receipt by the applicant’s wife
27/06/2018
58821/16
21/11/2016
Marian VLĂDUȚOIU
1962
15/12/2020
14/04/2022
26/05/2022
08/07/2022
18/07/2022
Illegible signature
19/12/2017
34361/19
12/06/2019
Karoly CZININO
1968
24/06/2021
08/12/2020
19/01/2021
03/02/2022
14/02/2022
Illegible signature
09/04/2019
36145/20
07/09/2020
Marin-Alin MATEI
1995
15/09/2020
09/04/2021
21/05/2021
02/05/2022
18/05/2022
13/06/2022
31/05/2022
Letter handed over to the recipient at his home address
(according to information on the website of the Romanian Post)
11/08/2022
Letter returned to sender as “unclaimed” from
Craiova-Pelendava Prison address
In detention in
Craiova-Pelendava Prison according to the Government’s
observations of 17/03/2021