FOURTH SECTION
DECISION
Application no. 27954/15
Cosimo SCAGLIONE against Romania
and 17 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 8 September 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 29 September 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
Representative’s name and location
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
27954/15
02/02/2016
Cosimo SCAGLIONE
1971
20/07/2020
25/03/2022
Letter returned to the sender on 18/04/2022 according to information on the Romanian Post website
06/05/2022
07/06/2016
43161/15
31/08/2016
Daniel-Didi GHEORGHE
1970
Ionuţ Boroş
Bârlad
02/09/2020
25/03/2022
Signed by the applicant on 04/04/2022
06/05/2022
01/03/2016
61757/15
05/12/2015
Marin BADEA
1942
02/09/2020
25/03/2022
Signed by the applicant on 04/04/2022
06/05/2022
12/03/2016
14265/16
26/05/2016
Nani MIHAI
1983
23/07/2020
25/03/2022
Signed by the applicant on 04/04/2022
06/05/2022
09/05/2017
15697/16
11/05/2016
Iulian GREBENAR
1979
17/07/2020
22/05/2022
The applicant refuses receipt of the Court’s letter 08/04/2022
03/05/2022
23/10/2018
16979/16
01/06/2016
Bogdan-Adrian RĂDULESCU
1967
01/09/2020
22/03/2022
Letter returned to the sender on 12/04/2022 according to information on the Romanian Post website
03/05/2022
09/11/2016
21290/16
11/05/2016
Georgel LUPOAE
1974
11/08/2021
25/03/2022
Signed by the applicant on 04/04/2022
06/05/2022
22/01/2020
25573/16
29/08/2016
Emil ISTRĂTUCĂ
1972
15/10/2020
25/03/2022
Signed by the applicant on 05/04/2022
06/05/2022
06/02/2018
38941/16
12/10/2016
Francisc-Teodor FODOR
1969
27/03/2017
16/02/2022
Illegible signature on 24/02/2022
30/03/2022
21/02/2017
39152/16
01/11/2016
Marius ŢINICĂ
1984
11/02/2022
26/01/2022
Letter returned to the sender on 17/02/2022 according to information on the Romanian Post website
09/03/2022
14/03/2017
39298/16
28/07/2016
Victor ȘTEFAN
1982
11/09/2017
16/02/2022
Letter returned to the sender on 28/02/2022 as the applicant had moved out
30/03/2022
17/08/2017
39723/16
23/09/2016
Pascu ILIE
1993
04/11/2016
17/11/2021
Letter returned to the sender on 10/12/2021 as unclaimed by the applicant
04/01/2022
02/08/2017
42025/16
18/10/2016
Ioan-Alexandru GLĂJAR
1987
09/01/2018
28/02/2022
Illegible signature on 10/03/2022
14/03/2022
01/06/2016
2980/17
12/06/2017
Ionel-Iacob NICOLA
1967
09/03/2018
16/02/2022
Delivered to the applicant on 04/03/2022 according to Romanian Post website
30/03/2022
26/012017
31711/17
25/05/2017
Gheorghe STANCU
1974
24/03/2020
25/03/2022
Attempted delivery to the applicant on 05/04/2022, returned to the sender on 14/04/2022
06/05/2022
27/08/2018
48900/19
09/10/2019
Corneliu NEZIRU
1961
01/09/2020
16/02/2022
Signed by the prison representative on 25/02/2022
30/03/2022
7099/20
05/03/2020
Costică MOŢOI
1972
15/10/2020
05/01/2022
Signed by the applicant on 10/01/2022
16/02/2022
8796/20
09/03/2020
Mihăiţă ŞERBAN
1977
16/03/2020
05/01/2022
Letter returned to the sender on 25/01/2022 as unclaimed by the applicant
16/02/2022