FOURTH SECTION
DECISION
Application no. 39708/18
Eugen-George GHIŢĂ against Romania
and 8 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 November 2021 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 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).
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 16 December 2021.
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 the
Court’s
registered
letter
Date of receipt
of the registered
letter
New time-limit for
submission of
observations
by the applicant
Date of the
applicant’s
release
from prison
39708/18
03/01/2018
Eugen-George
GHIȚĂ
1981
15/10/2019
26/03/2021
Letter returned to sender on 17/05/2021
(according to information on the website
of the Romanian Post)
07/05/2021
08/08/2021
17913/19
19/06/2019
Ion MILOȘ
1988
20/01/2021
31/03/2021
Handed over on 14/04/2021
(according to information on the website
of the Romanian Post)
12/05/2021
06/01/2021
23730/19
07/06/2019
Constantin PETRICĂ
1973
15/07/2020
19/03/2021
Handed over on 30/03/2021
(according to information on the website
of the Romanian Post)
30/04/2021
-
43803/19
05/09/2019
Laszlo MENYHART
1956
07/09/2019
26/03/2021
Letter returned on 09/06/2021 as
“unclaimed”
07/05/2021
11/02/2020
52018/19
18/10/2019
Abel Marinel LUNGU
1993
29/10/2019
26/03/2021
05/04/2021
Signed by a relative of the applicant
07/05/2021
17/12/2019
52818/19
05/12/2019
Vasile Cristian MENȚ
1978
02/09/2020
26/03/2021
13/04/2021
Illegible signature
07/05/2021
27/08/2020
53613/19
18/12/2019
Doru ROSTAȘ
1992
06/01/2020
26/03/2021
06/04/2021
Signed by the Arad prison’s representative
07/05/2021
-
63139/19
20/11/2019
Marian NICULA
(former Cristea)
1976
31/01/2020
26/03/2021
Letter returned on 09/06/2021 as
“unclaimed”
07/05/2021
-
63358/19
14/01/2020
Marius Ionuț CENUȘĂ
1989
14/01/2020
26/03/2021
Letter returned to sender on 15/04/2021
(according to information on the website
of the Romanian Post)
07/05/2021
25/02/2020