FOURTH SECTION
DECISION
Application no. 46322/16
Florin-Vlad PANAINTE
against Romania
The European Court of Human Rights (Fourth Section), sitting on 15 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 application lodged on 21 September 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Florin-Vlad Panainte, was born in 1992.
The applicant’s 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.
As no reply was received by the Court from the applicant within the provided deadline, the Government submitted a unilateral declaration with a view to resolving the issues raised by these complaints. Still no reply was received by the Court from the applicant within the newly provided deadline.
By two letters sent by registered post, the applicant was notified that the Court received no response within the time allowed for the submission of their response and that he was provided with a new deadline for submitting a response (see the appended table for the relevant dates). The applicant’s 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 returned to the Court as the applicant moved abroad (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 applicant informing the Court about the change of address. The applicant had been released from prison several years before the date of this decision, and the most recent correspondence from him dates back several years as well, upon the submission of the application form to the Court (see the appended table for the relevant dates).
THE LAW
In the light of the foregoing, in the absence of any correspondence from the applicant for several years and considering that, following the communication of the application to the Government, no reply was received from the applicant, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 application.
In view of the above, it is appropriate to strike the case 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 6 July 2023.
Viktoriya Maradudina Tim Eicke
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of the applicant’s last letter to the Court
Date of sending the Government’s submissions to the applicant
Date of the Court’s registered letters
Date of return of the registered letters
Time-limit for submitting response by the applicant
Date of the applicant’s
release from prison
46322/16
21/09/2016
Florin-Vlad PANAINTE
1992
26/09/2016
24/11/2021
26/09/2022 and 17/01/2023
Letter from 26/09/2022 returned to the sender with the mention: moved abroad
Letter from 17/01/2023 also returned by the Romanian Post
04/01/2022
20/09/2016