FOURTH SECTION
DECISION
Application no. 35985/16
Adrian MIHOC against Romania
and 12 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 20 January 2022 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). All applicants have been released from prison.
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 February 2022.
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
35985/16
14/07/2016
Adrian MIHOC
1982
28/09/2016
22/09/2021
01/10/2021
Signed for receipt by the applicant’s sister
03/11/2021
20/09/2016
36275/16
22/07/2016
Constantin-Cătălin MIHĂILĂ
1991
05/10/2016
22/09/2021
04/10/2021
Signed for receipt by the applicant’s father
03/11/2021
07/09/2016
39751/16
30/12/2016
Nicolae VÂLCU
1972
23/09/2019
18/08/2021
31/08/2021
Signed for receipt by the applicant’s mother
29/09/2021
14/02/2017
42909/16
16/08/2016
Marin CĂPĂȚÎNĂ
1955
29/11/2017
22/09/2021
06/10/2021
Signed for receipt by the applicant’s daughter
03/11/2021
22/08/2017
44440/16
01/09/2016
Daniel-Cristian NIȚĂ
1985
19/08/2019
22/09/2021
05/10/2021
Signed for receipt by the applicant’s mother
03/11/2021
24/05/2017
46403/16
20/09/2016
Francisc MUNDRUCZ
1985
03/01/2018
22/09/2021
05/10/2021
Handed over to the recipient, according to the Track & Trace service of the Romanian Post
03/11/2021
10/10/2017
48104/16
05/09/2016
Suraj ANGHEL
1982
21/12/2016
22/09/2021
05/10/2021
Signed for receipt by the applicant’s sister
03/11/2021
09/03/2017
48170/16
03/10/2016
George GHERGHINĂ
1963
18/04/2017
22/09/2021
04/10/2021
Signed for receipt by the applicant
03/11/2021
15/03/2017
50789/16
14/12/2016
Iulian-Minuț ILIE
1987
11/09/2017
22/09/2021
04/10/2021
Signed for receipt by the applicant
03/11/2021
20/06/2017
65968/16
12/12/2016
Florin-Tarzan RUSU
1977
06/04/2017
18/08/2021
30/08/2021
Signed for receipt by the person designated by the applicant
(his partner)
29/09/2021
15/03/2017
17510/17
18/08/2017
Iulian MIHAI
1974
29/09/2017
18/08/2021
30/08/2021
Handed over to the recipient, according to the Track & Trace service of the Romanian Post
29/09/2021
08/08/2017
32150/17
29/05/2017
Antoni-Gabriel LAZĂR
1977
04/10/2017
22/09/2021
01/10/2021
Signed for receipt by the applicant’s mother
03/11/2021
31/08/2017
47773/17
16/06/2017
Marinela DOBREA
1967
02/01/2020
22/09/2021
Returned to the Court as
“unclaimed” on 01/12/2021
03/11/2021
19/12/2016