FOURTH SECTION
DECISION
Application no. 20046/16
Ervin HAGIVELI against Romania
and 14 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 23 September 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) and 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 14 October 2021.
{signature_p_2}
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
20046/16
11/05/2016
Ervin HAGIVELI
1980
07/03/2017
24/03/2021
Letter returned to sender on 16/04/2021
(according to information on the website of the Romanian Post)
05/05/2021
15/11/2017
21350/16
16/05/2016
Ionuț BĂLĂCEANU
1993
01/02/2017
13/01/2021
Letter returned to sender on 09/02/2021
(according to information on the website of the Romanian Post)
24/02/2021
03/05/2018
26213/16
01/06/2016
Costică VLAD
1984
08/09/2016
28/04/2021
10/05/2021
Signed by the applicant’s mother
09/06/2021
14/11/2017
51314/16
31/10/2016
Ștefan ȘERBAN
1980
24/03/2017
13/01/2021
26/01/2021
Signed by the applicant
24/02/2021
06/11/2018
54383/16
25/10/2016
Marin PATÂR
1965
25/01/2021
02/02/2021
Letter returned from Galați prison on 08/03/2021
as recipient “moved from the address”
16/03/2021
In detention according to Romanian prison authorities.
57176/16
31/10/2016
Constantin COTAE
1989
30/03/2017
18/01/2021
Handed over to the recipient on 26/01/2021
(according to information on the website of the Romanian Post)
01/03/2021
In detention in Giurgiu prison
58508/16
14/11/2016
Marian ILIE
1970
24/02/2017
19/10/2020
Letter returned to sender on 20/11/2020
(according to information on the website of the Romanian Post)
27/11/2020
In detention in Giurgiu prison
4630/17
03/02/2017
Nicolae GHEORGHE
1985
24/05//2017
19/11/2020
Letter returned from home address on 21/01/2021 as recipient “moved from the address”
04/01/2021
05/03/2019
7268/17
27/02/2017
Gheorghe Trandafir NONU
1985
11/05/2017
12/03/2021
Letter returned to sender on 01/04/2021
(according to information on the website of the Romanian Post)
23/04/2021
27/08/2019
18590/19
11/09/2019
Marian SÎRBU
1978
17/09/2019
18/05/2021
08/06/2021
Signed by the applicant
29/06/2021
05/09/2019
34713/19
02/08/2019
Ștefan BALINT
1949
18/09/2019
18/05/2021
10/06/2021
Illegible signature
29/06/2021
-
38209/19
27/08/2019
Ghiocel BALMOȘ
1969
04/08/2020
18/05/2021
07/06/2021
Illegible signature
29/06/2021
In detention in Arad prison
62293/19
06/01/2020
Sabin PÎRVAN
1973
29/10/2020
18/05/2021
03/06/2021
Signed by the applicant’s mother
29/06/2021
10/10/2020
4853/20
05/02/2020
Vasile DĂILĂ
1961
16/10/2020
18/05/2021
17/06/2021
Illegible signature
29/06/2021
04/07/2020
7245/20
25/02/2020
Alexandru IEREMIE
1992
24/04/2020
18/05/2021
04/06/2021
Signed by the applicant’s mother
29/06/2021
31/08/2020
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