THIRD SECTION
DECISION
Application no. 78971/13
Eugen ROSTAȘ
against Romania
The European Court of Human Rights (Third Section), sitting on 1 October 2015 as a Committee composed of:
Valeriu Griţco, President,
Branko Lubarda,
Mārtiņš Mits, judges,
and Hasan Bakırcı, Acting Deputy Section Registrar,
Having regard to the above application lodged on 18 November 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Eugen Rostaș, is a Romanian national, who was born in 1970 and lives in Pișcol, Satu Mare County.
The Romanian Government (“the Government”) were represented by their Agent, Mrs C. Brumar, of the Ministry of Foreign Affairs.
The applicant’s complaints under Article 3 of the Convention concerning inadequate conditions of detention in Satu Mare Penitentiary were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his claims for just satisfaction under Article 41 of the Convention. No reply was received to the Registry’s letter.
By letter dated 20 March 2015, sent by registered post, the applicant was notified that the period allowed for submission of his claims for just satisfaction had expired on 14 January 2015 and that no extension of time had been requested. The applicant’s 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. The applicant received this letter on 1 April 2015. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, 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 case.
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 22 October 2015.
Hasan BakırcıValeriu Griţco
Acting Deputy RegistrarPresident
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