FOURTH SECTION
DECISION
Application no. 27911/16
Ion OSMAN against Romania
and 5 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 9 March 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, 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 even if the applicants received them (see details in the appended table), and there are no previous letters from the applicants informing the Court about the 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 30 March 2023.
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
Representative’s name and location
Date of the
applicant’s last
letter to the Court
Date of sending
Government’s
observations to
the applicant
Time limit of
submission of
response by the
applicant
Date of the Court’s
registered letter
Date of receipt/ return of the registered letter
Date of the
applicant’s
release from prison
27911/16
01/09/2016
Ion OSMAN
1977
24/08/2022
12/09/2022
24/10/2022
13/12/2022
Received by the applicant on 21/12/2022
15/11/2017
34013/16
26/07/2016
Roberto-Viorel MATEI
1990
Anișoara Dincă
Drobeta-Turnu- Severin
22/10/2020
12/09/2022
24/10/2022
13/12/2022
Received by the applicant on 28/12/2022
08/11/2017
35922/16
16/08/2016
Vasile CIOBANU
1974
04/11/2022
16/09/2022
28/10/2022
22/11/2022
Received by the applicant on 02/12/2022
15/09/2022
49730/16
09/01/2017
Vasile SAS
1963
Vasile Rareş Biro
Satu Mare
13/06/2022
12/09/2022
24/10/2022
13/12/2022
Received by the applicant’s representative on 21/12/2022
07/11/2017
49865/16
15/09/2016
Victor BRATU
1983
17/03/2021
12/09/2022
24/10/2022
13/12/2022
Received by the applicant on 23/12/2022
07/08/2018
57540/16
17/03/2017
Ion-Cristian GORIA
1969
Elena Gorea
Bucharest
16/06/2022
12/09/2022
24/10/2022
13/12/2022
Received by the applicant’s representative on 21/12/2022
03/05/2017