FOURTH SECTION
DECISION
Application no. 26141/16
Stelică NICULAE against Romania
and 12 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 August 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) and there are no previous letters from the applicants informing the Court about the change of address.
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 15 September 2022.
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
Application 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
26141/16
03/06/2016
Stelică NICULAE
1981
05/04/2017
16/09/2021
24/09/2021
Signed by a relative
28/10/2021
15/12/2016
26152/16
07/06/2016
Ovidiu LĂCĂTUȘ
1989
16/12/2020
16/09/2021
28/09/2021
Signed by a relative
28/10/2021
15/02/2017
33718/16
11/07/2016
Petrișor-Cătălin RĂCEANU
1989
02/02/2018
16/09/2021
27/09/2021
Signed by a relative
28/10/2021
25/04/2017
38089/16
04/08/2016
Cosmin NICULA
1979
25/01/2021
09/08/2021
18/08/2021
Signed by the addressee
20/09/2021
03/05/2017
38529/16
05/08/2016
Ștefan ANDRIEȘ-FIRULETE
1968
20/11/2020
09/08/2021
13/08/2021
According to the British Post Service - delivered to addressee
20/09/2021
17/10/2017
40045/16
01/08/2016
Ion ROMAN
1982
13/11/2020
16/09/2021
27/09/2021
Signed by a relative
28/10/2021
11/07/2017
40329/16
08/08/2016
Marian-Mădălin POPESCU
1990
03/11/2020
16/09/2021
28/09/2021
Signed by the addressee
28/10/2021
16/05/2017
41536/16
16/08/2016
Liviu-Ștefan MICLEA
1992
07/01/2021
16/09/2021
24/09/2021
Illegible signature
28/10/2021
21/09/2016
48963/16
17/10/2016
Alexandru-Daniel CROITORU
1989
25/10/2016
17/09/2021
24/09/2021
Signed by a relative
29/10/2021
16/01/2018
49616/16
16/11/2016
Liviu NECHITA
1978
06/11/2017
17/09/2021
27/09/2021
Signed by a relative
29/10/2021
07/11/2018
57315/16
07/11/2016
Constantin VINERICĂ
1983
12/04/2017
17/09/2021
24/09/2021
Illegible signature
29/10/2021
19/03/2019
58878/16
03/11/2016
Sevastian-Darius ILEA
1990
05/02/2020
17/09/2021
20/09/2021
According to the French Post Service - delivered to addressee
29/10/2021
20/12/2019
58990/16
07/11/2016
Dmitrian FILIPESCU
1992
07/03/2017
17/09/2021
04/10/2021
According to the Moldavian Post Service - delivered to addressee
29/10/2021
21/11/2017