FOURTH SECTION
DECISION
Application no. 26089/16
Constantin-Leonard SEVERIN against Romania
and 2 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 4 May 2023 as a Committee composed of:
Tim Eicke, President,
Branko Lubarda,
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 (see the appended table for the relevant dates), the friendly settlement procedure being set in motion through the offices of the Registrar upon communication.
No reply was received by the Court from the applicants within the provided deadline.
By letters sent by registered post, the applicants were notified that the Court received no response within the time allowed for the submission of their response and that they were provided with a new deadline for submitting a response (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.
The registered letters were received by the applicants (see details in the appended table). No reply to the letters has been received by the Court and there are no previous letters from the applicants informing the Court about the change of address. Even though all the applicants had been released from prison several years before the date of this decision, the last correspondence from them also dates back several years (see the appended table for the relevant dates).
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, in the absence of any correspondence from the applicants for several years and considering that no reply was received to the Court’s letters, 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 2023.
Viktoriya Maradudina Tim Eicke
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 communication to the Court
Date of communication
Date of the
Court’s
registered
letter
Date of return/delivery
of the
registered
letter
New time-limit
for submission
of response
by the applicant
Date of the
applicant’s
release
from prison
26089/16
01/08/2016
Constantin-Leonard SEVERIN
1978
13/07/2017
26/08/2021
06/07/2022
14/07/2022
Delivered to the Applicant
12/09/2022
27/06/2017
39645/16
28/07/2016
Georgel GORICĂ
1982
12/01/2017
26/08/2021
06/07/2022
14/07/2022
Delivered to the Applicant
12/09/2022
21/12/2016
49881/16
06/09/2016
Attila FODOR
1992
15/09/2017
26/08/2021
06/07/2022
15/07/2022
Delivered to the Applicant
12/09/2022
04/09/2017