THIRD SECTION
DECISION
Applications nos. 17231/05 and 35344/05
Ion Botezan GREC against Romania
and Ion UDANGIU against Romania
The European Court of Human Rights (Third Section), sitting on 2 October 2012 as a Committee composed of:
Egbert Myjer, President,
Luis López Guerra,
Kristina Pardalos, judges,
and Santiago Quesada, Section Registrar,
Having regard to the above applications lodged on 27 April 2005 and 22 September 2005 respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Mr Ion Botezan Grec, is a Romanian national, who was born in 1930 and lives in Borşa.
The applicant in the second case, Mr Ion Udangiu, is a Romanian national, who was born in 1971 and lives in Bucharest.
The Romanian Government (“the Government”) were represented by their Agent, Mrs Irina Cambrea, from the Ministry of Foreign Affairs.
The applicants’ complaints concerning the length of civil and criminal proceedings respectively were communicated to the Government, who submitted their observations on the admissibility and merits or declarations of acceptance of the conditions of the friendly settlement. The observations and the friendly settlement declarations were forwarded to the applicants, who were invited to submit their own observations or present their position on the conditions of the friendly settlement. No replies were received to the Registry’s letters.
By letters dated 27 and 28 June 2012 respectively, sent by registered post, the applicants were notified that the period allowed for submission of their replies had expired on 18 January and 15 March 2012 respectively and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicants received these letters on 2 and 5 July 2012 respectively. However, no response has been received.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to join them.
The Court considers that, in the above circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of 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 its Protocols which require the continued examination of the cases.
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.
Santiago QuesadaEgbert Myjer
RegistrarPresident
Full & Egal Universal Law Academy