FOURTH SECTION
DECISION
Application no. 4441/21
Florin NECULĂIŢĂ
against Romania
The European Court of Human Rights (Fourth Section), sitting on 18 January 2024 as a Committee composed of:
Faris Vehabović, President,
Anja Seibert-Fohr,
Anne Louise Bormann, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 February 2021,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Florin Neculăiţă, was born in 1984. His complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”).
On 11 May 2023 the registered mail sent to the applicant was returned to the Registry, containing the prison’s representative note that the delivery of the mail had been impossible because the addressee had died on 4 March 2023.
On 27 July 2023 the Registry sent a letter, by registered post, to the applicant’s home address, asking whether there was any potential heir wishing to pursue the proceedings before the Court. That letter returned to the Court containing the postal service provider’s note that the delivery of the mail had been impossible because the addressee had died, and his relatives had refused to accept the letter.
No reply was received by the Court to date and no heirs have presented themselves to pursue the procedure.
THE LAW
In the light of the foregoing, the Court concludes that the applicant’s heirs do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.
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 8 February 2024.
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Viktoriya Maradudina Faris Vehabović
Acting Deputy Registrar President