FOURTH SECTION
DECISION
Application no. 38890/16
Petre-Emil NEDELCIA against Romania
and 3 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 29 June 2023 as a Committee composed of:
Tim Eicke, President,
Branko Lubarda,
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 (see the appended table for the relevant dates), the friendly‑settlement procedure being set in motion through the offices of the Registrar upon communication.
No reply was received by the Court from the applicants within the provided deadline. By letters sent by registered post, the applicants were notified that the Court received no reply within the time allowed for the submission of their response (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.
The registered letters either returned to the Court or were received by the applicants (see details in the appended table). No reply to the letters has been received by the Court and there are no previous letters from the applicants informing the Court about the change of address. The last correspondence from them predominantly dates back several years as well (see the appended table for the relevant dates).
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, in the absence of any recent correspondence from the applicants and considering that, following the communication of the applications to the Government, no reply was received to the Court’s letters, 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 20 July 2023.
{signature_p_2}
Viktoriya Maradudina Tim Eicke
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
communication
to the Court
Date of
communication
of the
application to
the
Government
Time-limit
for submitting
response by the
applicant
Date of the Court’s
registered letter
Date of return/delivery
of the registered letter
Date of the applicant’s
release from prison
38890/16
01/08/2016
Petre‑Emil NEDELCIA
1983
04/05/2021
18/11/2021
10/03/2022
03/05/2022
12/05/2022
Illegible signature
30/05/2017
52243/16
17/01/2017
Mădălin‑Petre DOGARU
1967
30/11/2020
30/05/2022
19/09/2022
10/11/2022
17/11/2022
Illegible signature
01/10/2016
57914/16
31/10/2016
Florin‑Ovidiu CĂPRARU
1984
08/12/2020
30/05/2022
19/09/2022
10/11/2022
22/11/2022
Signed by the applicant
27/02/2020
45380/17
18/07/2017
Dorel CHEREJI
1969
09/12/2020
24/05/2022
13/09/2022
27/09/2022
Letter returned to sender on 28/11/2022 as “released on 21/10/2022”
21/10/2022