FOURTH SECTION
DECISION
Application no. 31174/16
Gheorghe MITRAN against Romania
and 14 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 21 January 2021 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 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 11 February 2021.
{signature_p_2}
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
Date of the
applicant’s last
letter to the Court
Date of the Court’s
registered letter
Date of receipt of the
registered letter
Time-limit for submission of observations by the applicant
Date of the applicant’s
release from prison
31174/16
27/06/2016
Gheorghe MITRAN
1979
10/10/2016
19/08/2020
26/08/2020
Signed by the applicant’s brother
30/09/2020
Released on 10/02/2018
32835/16
26/10/2016
Radu-Daniel POPOAEA
1983
02/03/2017
20/07/2020
10/08/2020
Signed by the applicant’s mother
31/08/2020
16/01/2019
35181/16
18/07/2016
Viorel-Auraş RUSE
1989
23/11/2016
20/07/2020
20/08/2020
Illegible signature
31/08/2020
31/01/2018
36676/16
09/08/2016
Ionuț-Florin STAN
1992
07/10/2019
20/07/2020
02/09/2020
Letter returned as recipient “unknown”
31/08/2020
In detention in Ploiești Prison
36752/16
27/07/2016
Géza BENKE
1982
04/10/2016
20/07/2020
14/08/2020
Letter returned as “unclaimed”
31/08/2020
17/07/2019
37146/16
21/07/2016
Liviu-Ionuț MURARIU
1985
27/07/2016
20/07/2020
10/08/2020
Illegible signature
31/08/2020
22/05/2018
37561/16
16/08/2016
Cătălin-Ionuț DUMITRESCU
1981
01/03/2018
16/09/2020
24/09/2020
Signed by M.G. – a relative
28/10/2020
In detention in Ploiești Prison
39951/16
18/08/2016
Costel TOLEA
1978
19/04/2017
16/09/2020
29/09/2020
Letter returned as “unclaimed”
28/10/2020
22/05/2018
40054/16
26/07/2016
Gheorghe MIU
1990
14/01/2020
20/07/2020
06/08/2020
Signed by the applicant
31/08/2020
In detention in Focșani Prison
43829/16
05/09/2016
Valentin CONSTANTIN
1981
14/09/2020
17/09/2020
Handed over to the recipient on 24/09/2020
(according to information
on the website of the Romanian Post)
29/10/2020
Release date unknown
51225/16
31/01/2017
Ilie GHEORGHE
1973
06/02/2017
19/08/2020
10/09/2020
Illegible signature
30/09/2020
In detention in Giurgiu Prison
51488/16
26/09/2016
Florin MUNTEANU
1989
30/09/2016
19/08/2020
26/08/2020
Signed by Brăila Prison representative
30/09/2020
In detention in Brăila Prison
61846/16
18/11/2016
Constantin LAPA
1955
23/11/2016
19/08/2020
Handed over to the recipient on 26/08/2020
(according to information
on the website of the Romanian Post)
30/09/2020
In detention in Vaslui Prison
61950/16
02/03/2017
Stan OANCEA
1973
08/03/2017
19/08/2020
Handed over to the recipient on 25/08/2020
(according to information
on the website of the Romanian Post)
30/09/2020
16/01/2018
67233/16
13/01/2017
Eugen PREDA
1976
19/01/2017
24/09/2020
28/10/2020
Letter returned as “unclaimed”
05/11/2020
21/11/2017
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