FOURTH SECTION
DECISION
Application no. 24593/16
Constantin MARIAN against Romania
and 19 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 19 November 2020 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Liv Tigerstedt, 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 (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations.
By letters sent by registered post, the applicants were notified that the time allowed for the submission of their observations or of certain requested information 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 10 December 2020.
Liv TigerstedtArmen Harutyunyan
Acting Deputy RegistrarPresident
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
Representative’s name and location
Date of the Court’s
registered letter
Date of receipt of the
registered letter
Time-limit for submission by the applicant of the
information requested
Date of the applicant’s
release from prison
24593/16
07/06/2016
Constantin MARIAN
1975
16/06/2020
01/07/2020
Signed by the applicant
28/07/2020
13/12/2017
26305/16
03/06/2016
Cristian-Dan SARIS
1980
Mariana Caliu
Caracal
16/06/2020
29/06/2020
Illegible signature
28/07/2020
22/05/2018
28502/16
29/09/2016
Ionuț-Paul MATEI
1985
24/07/2020
Returned to the Court as “unclaimed” on 12/08/2020
04/09/2020
05/12/2017
31655/16
21/06/2016
Nicu-Mitușor BORCAN
1981
16/06/2020
30/06/2020
Illegible signature
28/07/2020
15/05/2019
31874/16
14/07/2016
Mirela MOISE
1994
Ovidiu Chiriac
Braşov
16/06/2020
21/06/2020
Signed by the applicant’s mother
(for the letter sent to the representative: 01/07/2020 Signed by the representative’s mother)
28/07/2020
23/05/2018
32008/16
27/06/2016
Dumitru DOGARU
1976
16/06/2020
29/06/2020
Signed by the applicant
28/07/2020
20/12/2017
33203/16
20/07/2016
Mihai CORCOVEANU
1962
09/07/2020
21/07/2020
Handed over to the recipient according to information on the official website of the Romanian Postal Service
20/08/2020
24/04/2018
41324/16
23/09/2016
Kiril PETKOV
1985
08/07/2020
20/07/2020
Handed over to the recipient according to information on the official website of the Bulgarian Postal Service
19/08/2020
28/12/2017
41950/16
18/10/2016
Aurel GHIȚĂ
1981
09/07/2020
19/07/2020
Handed over to the recipient according to information on the official website of the Romanian Postal Service
20/08/2020
In detention in
Rahova Prison
42093/16
03/10/2016
Ionuţ-Răzvan BANU
1990
08/07/2020
17/07/2020
Illegible signature
19/08/2020
In detention in
Ploieşti Prison
43738/16
07/12/2016
Iulian NEAGU
1977
Elena Loredana Tănase
Ploieşti
17/07/2020
Returned to the Court as “unclaimed” on 17/08/2020
28/08/2020
In detention in
Găești Prison
45064/16
01/09/2016
Adrian ILIESCU
1970
Mihai Stela
Brăila
16/07/2020
05/08/2020
Illegible signature
27/08/2020
24/10/2018
46365/16
22/08/2016
Costel CONDURACHE
1967
03/07/2020
Returned to the Court as “unclaimed” on 13/08/2020
14/08/2020
12/06/2019
46553/16
02/09/2016
Cătălin-Dumitru NEAGU
1974
31/07/2020
Returned to the Court as “unclaimed” on 21/08/2020
11/09/2020
20/06/2018
46578/16
29/08/2016
Călin GUDI
1975
07/08/2020
Returned to the Court as “unclaimed” on 31/08/2020
18/09/2020
06/11/2018
49663/16
17/10/2016
Viorel DEME
1987
07/08/2020
Returned to the Court as “recipient moved” on 19/08/2020
18/09/2020
14/09/2018
53237/16
10/10/2016
Herman CĂLDĂRAR
1974
07/08/2020
Returned to the Court as “recipient moved” on 19/08/2020
18/09/2020
07/11/2017
53396/16
30/09/2016
Nicușor SMARANDACHE
1979
07/08/2020
Returned to the Court as “unclaimed” on 17/08/2020
18/09/2020
15/05/2018
53461/16
26/09/2016
Paul ȚURCANU
1971
07/08/2020
Returned to the Court as “recipient moved” on 15/08/2020
18/09/2020
16/01/2018
53616/16
17/10/2016
Bogdan CONSTANTIN
1992
07/08/2020
Returned to the Court as “unclaimed” on 28/08/2020
18/09/2020
05/11/2019
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