FOURTH SECTION
DECISION
Application no. 58527/16
Petre GHERGHEȘAN against Romania
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 1 February 2024 as a Committee composed of:
Anja Seibert-Fohr, President,
Anne Louise Bormann,
Sebastian Răduleţu, 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 (see the appended table for the relevant dates). 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. The registered letters either were received by the applicants or were returned to the Court (see details in the appended table). There are no previous letters from the applicants informing the Court about a 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 22 February 2024.
Viktoriya Maradudina Anja Seibert-Fohr
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 for submission of response by the applicant
Date of the Court’s registered letter
Date of receipt/return of the registered letter
58527/16
19/01/2017
Petre
GHERGHEȘAN
1981
04/09/2020
28/07/2022
08/09/2022
10/10/2023
19/10/2023
76382/16
30/01/2017
Nicu
VOICU
1976
03/02/2021
04/08/2022
15/09/2022
10/10/2023
20/10/2023
25173/17
27/03/2017
Fănică
TURCA
1985
Andreea-Gabriela Cadar
Galați
29/03/2021
28/07/2022
08/09/2022
10/10/2023
18/10/2023
35563/20
04/08/2020
Tarzan
REZMIVES
1982
28/03/2022
18/08/2023
29/09/2023
20/10/2023
03/11/2023
40656/20
01/10/2020
Vasile
MARE
1961
11/05/2021
05/04/2023
17/05/2023
28/09/2023
Returned as “unclaimed” on 08/12/2023
44143/20
06/11/2020
Daniel-Marian
JIEANU
1968
05/08/2021
22/08/2023
03/10/2023
07/11/2023
14/11/2023
49446/20
29/12/2020
Adrian
BĂLCINOIU
1990
08/01/2021
08/06/2023
20/07/2023
25/09/2023
02/10/2023
52926/20
26/12/2020
Puiu
PITICA
1966
14/03/2022
08/06/2023
20/07/2023
25/09/2023
02/10/2023
2850/21
06/04/2021
Laurențiu BRAȘOVEANU
1982
04/10/2023
07/09/2023
19/10/2023
10/10/2023
19/10/2023
25338/21
08/07/2021
Iulian-Cristinel DRAGNEA
1985
13/07/2022
01/09/2023
13/10/2023
15/11/2023
23/11/2023