FOURTH SECTION
DECISION
Application no. 66467/16
Ioan HOLBAN
against Romania
The European Court of Human Rights (Fourth Section), sitting on 23 November 2023 as a Committee composed of:
Faris Vehabović, President,
Anja Seibert-Fohr,
Anne Louise Bormann, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 25 January 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ioan Holban, was born in 1948.
The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”).
On 12 May 2023 the registered mail sent to the applicant by the Court was returned to the Registry, containing the postal service provider’s note that the delivery of the mail had been impossible because the addressee had died.
On 5 July 2023 the Registry sent a letter, by registered post, to the applicant’s home address, asking whether there was any potential heir wishing to pursue the proceedings before the Court. That letter was received against signature on 11 August 2023 according to information on the website of the Romanian Post. No reply was received by the Court to date and no heirs have presented themselves to pursue the procedure.
THE LAW
In the light of the foregoing, the Court concludes that the applicant’s heirs do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 14 December 2023.
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Viktoriya Maradudina Faris Vehabović
Acting Deputy Registrar President
Full & Egal Universal Law Academy