FOURTH SECTION
DECISION
Application no. 30188/16
Valentin-Dorin PĂVĂLUCĂ against Romania
and 25 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 5 November 2020 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Liv Tigerstedt, 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 (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations.
By letters sent by registered post, the applicants were notified that the time allowed for the submission of their observations or of certain requested information 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 a 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 26 November 2020.
Liv TigerstedtArmen Harutyunyan
Acting Deputy RegistrarPresident
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 Court’s
registered letter
Date of receipt of the
registered letter
Time-limit for submission
by the applicant of the
information requested
Date of the applicant’s
release from prison
30188/16
08/08/2016
Valentin-Dorin PĂVĂLUCĂ
1984
Alexandru Bogdan Păvălucă
Roznov
26/06/2020
15/07/2020
Signed by the applicant’s mother
07/08/2020
06/11/2018
32779/16
08/12/2016
Mihai SERGHE
1984
Cristina-Gabriela Ghibea
Galaţi
26/06/2020
21/07/2020
Illegible signature
07/08/2020
In detention at Gherla Prison
32789/16
09/08/2016
Neculae IOVA
1952
26/06/2020
21/07/2020
Illegible signature
07/08/2020
In detention at Miercurea-Ciuc Prison
33502/16
25/07/2016
Ștefan BARBU
1969
26/06/2020
10/07/2020
Signed by the applicant
07/08/2020
In detention at Mărgineni Prison
36810/16
22/07/2016
Viorel Marin KIȘ
1971
26/06/2020
20/07/2020
Illegible signature
07/08/2020
03/02/2020
37464/16
27/07/2016
Alexandu-Mitică TIUCĂ
1979
26/06/2020
16/07/2020
Signed by the applicant’s mother
07/08/2020
20/09/2019
37466/16
12/08/2016
Adrian DOROBANȚU
1970
26/06/2020
Returned to the Court as “unclaimed” on 27/07/2020
07/08/2020
05/08/2019
38011/16
01/09/2016
Remus ANGHILINA
1988
26/06/2020
17/07/2020
Signed by the applicant
07/08/2020
In detention at Aiud Prison
38070/16
28/10/2016
Dumitru DĂNĂIAȚĂ
1983
26/06/2020
13/07/2020
Signed by the applicant’s father
07/08/2020
08/05/2019
38087/16
04/08/2016
Constantin RADU
1978
26/06/2020
10/07/2020
Signed by the applicant’s brother
07/08/2020
12/12/2017
38125/16
13/09/2016
Costel CALANCEA
1984
26/06/2020
13/07/2020
Illegible signature
07/08/2020
21/08/2018
40949/16
03/08/2016
Florin BALOZACHE
1985
08/07/2020
Returned to the Court as “unclaimed” on 31/07/2020
19/08/2020
25/09/2018
40994/16
12/09/2016
Dumitru GUIȚĂ
1969
08/07/2020
Handed over to the recipient on 21/07/2020
(according to information on the official website of the Romanian Postal Service)
19/08/2020
24/07/2017
41081/16
21/09/2016
Constantin LUCHIAN
1969
08/07/2020
20/07/2020
Signed by the applicant
19/08/2020
18/03/2019
41156/16
23/08/2016
Gheorghe CĂLDĂRAR
1981
07/07/2020
21/07/2020
Signed by the applicant’s mother
18/08/2020
27/08/2019
41159/16
19/08/2016
Marius TURICĂ
1978
Ana Maria Turică
Curcani
07/07/2020
21/07/2020
Illegible signature
18/08/2020
19/12/2017
41819/16
16/11/2016
Ionuț BOBICI
1986
08/07/2020
21/07/2020
Illegible signature
19/08/2020
03/04/2018
42319/16
13/07/2016
Dan-Iulian AMĂTĂSOAEI
1982
03/07/2020
Returned to the Court as “unclaimed” on 31/07/2020
14/08/2020
08/05/2018
45157/16
06/09/2016
Ilie BREZEANU
1967
09/07/2020
20/07/2020
Illegible signature
20/08/2020
In detention at Poarta Albă Prison
59685/16
08/11/2016
Petrachi MOCANU
1960
08/07/2020
Returned to the Court as “unclaimed” on 30/07/2020
19/08/2020
31/01/2020
59850/16
29/11/2016
Petru-Radu CÂRMACIU
1980
26/06/2020
14/07/2020
Illegible signature
07/08/2020
In detention at Vaslui Prison
60681/16
28/11/2016
Nicolae STANCIU
1973
26/06/2020
15/07/2020
Illegible signature
07/08/2020
In detention at Poarta Albă Prison
61596/16
15/11/2016
Mihai Marius DUCA
1981
26/06/2020
16/07/2020
Illegible signature
07/08/2020
21/11/2017
61619/16
09/11/2016
Gheorghe PAIU
1963
26/06/2020
Returned to the Court as “unclaimed” on 14/07/2020
07/08/2020
25/02/2020
62312/16
19/10/2016
Traian LINGURAR
1982
26/06/2020
First letter sent to Arad Prison and delivered according to the Romanian Postal Services.
Second letter sent to the
applicant’s home address and returned to the Court as "unclaimed" on 15/07/2020.
07/08/2020
In detention at Arad Prison
66016/16
06/12/2016
Alexandru-Dorian CIOCÂRLAN
1978
08/07/2020
Handed over to the recipient on 20/07/2020
(according to information on the official website of the Romanian Postal Service)
19/08/2020
30/09/2019
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