FOURTH SECTION
DECISION
Application no. 35198/16
Ion-Cosmin PĂUNOIU against Romania
and 3 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 5 May 2022 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
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 (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 25 May 2022.
Viktoriya Maradudina Armen Harutyunyan
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 letter to the
Court
Date of the
Court’s registered
letter
Date of receipt
of the registered letter
New time-limit
for submission of observations
by the applicant
Date of the
applicant’s
release
from prison
35198/16
07/07/2016
Ion-Cosmin PĂUNOIU
1987
06/08/2020
03/11/2021
16/11/2021
Signed for receipt by the applicant’s mother
01/12/2021
07/11/2017
48781/16
08/09/2016
Ion BOTAȘ
1983
08/09/2016
15/12/2021
Handed over to the applicant on
30/12/2021
(according to the official website of Romanian Postal Service)
12/01/2022
06/07/2018
48906/16
15/09/2016
Marian-Dragoș ION
1988
15/09/2016
09/11/2021
Returned to the Court as
“applicant moved” on 24/11/2021
(from prison address indicated for
correspondence)
07/12/2021
-
17362/17
23/03/2017
Alexandru HOLA
1963
02/06/2017
18/11/2021
Returned to the Court as
“applicant moved” on 14/01/2022
(from home address indicated for correspondence)
16/12/2021
03/07/2018