FOURTH SECTION
DECISION
Application no. 38870/15
Paraschiva MANU
against Romania
The European Court of Human Rights (Fourth Section), sitting on 21 March 2019 as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 20 July 2015,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Paraschiva Manu, was born in 1956.
She was represented before the Court by Mrs. D.-R. Vomir-Bizo, a lawyer practising in Cluj Napoca.
On 4 November 2015 the applicant’s representative informed the Registry that the applicant had died and that her son wished to pursue the application.
On 8 December 2015 the applicant’s representative further informed the Registry that both the applicant’s son and her daughter wished to pursue the application.
On 22 February 2016 the applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”).
By letter dated on 17 September 2018, sent by registered post, the applicant’s representative was requested to send the inheritance certificates by 29 October 2018. This letter was returned to the Court with the mention “not claimed”.
By letter dated 19 December 2018, sent by registered post, the applicant’s heirs were requested to send the inheritance certificates by 31 January 2019 and to express their position regarding their representation by Mrs. D.-R. Vomir-Bizo. This letter was returned to the Court with the mention “the storage deadline for the letter has expired”.
The applicant’s heirs have not informed the Court about any change in their correspondence address. They have not resumed their correspondence with the Court since their last correspondence dated 8 December 2015.
THE LAW
In the light of the foregoing, the Court concludes that the applicant’s heirs may be regarded as no longer wishing to pursue the application (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 application.
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 11 April 2019.
Liv TigerstedtGeorges Ravarani
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy