SECOND SECTION
DECISION
Applications nos. 6490/14 and 6959/14
Gheorghe Mihai PETREA against the Republic of Moldova
and Ivan PETREA against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 11 October 2016 as a Committee composed of:
Nebojša Vučinić, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above applications lodged on 26 December 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Mr Gheorghe Mihai Petrea, is a Moldovan national, who is detained in Chișinău.
The applicant in the second case, Mr Ivan Petrea, is a Moldovan national, who was born in 1986 and is detained in Chișinău.
The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol.
The applicants complained under Article 3 of the Convention about the inadequate conditions of detention in prison no. 13.
The applicants’ complaints were communicated to the Government, who submitted their 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 to the Registry’s letter.
By letter dated 2 February 2016, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 18 December 2015 and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. However, no response has been received.
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.
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of 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 its Protocols which require the continued examination of the cases.
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 17 November 2016.
Hasan BakırcıNebojša Vučinić
Deputy RegistrarPresident
Full & Egal Universal Law Academy