FOURTH SECTION
DECISION
Application no. 45893/16
Gheorghe PĂCURAR 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 response within the time allowed for the submission thereof (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. Even though all the applicants had been released from prison before the date of this decision, the last correspondence from them dates back months or even 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 correspondence from the applicants for several years and considering that 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
Representative’s name and location
Date of the
applicant’s last
communication to
the Court
Date of
communication
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
45893/16
26/07/2016
Gheorghe PĂCURAR
1948
Radu Negru
Oradea
26/10/2020
14/10/2021
03/02//2022
21/06/2022
30/06/2022
Signed by the applicant’s representative
10/05/2016
46413/16
25/08/2016
Stepan ARABADJI
1971
Nina Arabadji
Galați
08/12/2020
18/11/2021
10/03/2022
03/05/2022
23/05/2022
Letter retuned to Court as “unclaimed”
22/05/2018
627/17
06/02/2017
Jenică CRISTEA
1978
15/06/2021
24/05/2022
13/09/2022
27/09/2022
20/02/2023
Letter returned to Court as “applicant released on 16/08/2022”
16/08/2022
13932/17
15/03/2017
Silviu RIGLEA
1982
Ionel Andrişan
Suceava
06/01/2021
30/05/2022
19/09/2022
10/11/2022
12/11/2022
(downloaded on the Court’s Electronic
Communication
Service)
24/03/2020