24/1
FOURTH SECTION
DECISION
Application no. 27264/16
Sebastian SIMENY against Romania
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 August 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 15 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
27264/16
02/06/2016
Sebastian SIMENY
1978
19/11/2020
23/11/2011
13/12/2021
Signed for receipt by the applicant
05/01/2022
In detention in Codlea Prison according to the Government’s observations of 06/11/2020
5801/17
11/01/2017
Emil-Cristian OTEA
1987
Dumitra Veronica Muşat
Bucharest
04/05/2017
01/04/2022
Letter returned to sender on 24/05/2022 as “unclaimed”
13/05/2022
12/07/2016
6698/17
27/03/2017
Marin LUNEAN
1975
27/03/2017
01/04/2022
13/04/2022
Illegible signature
13/05/2022
22/11/2016
24430/17
14/04/2017
Mihail BĂNICĂ
1980
Doru Ristea
Bucharest
26/06/2017
19/11/2021
Letter returned to sender on 15/03/2022 as “unclaimed”
05/01/2022
In detention in
Bucharest-Rahova Prison according to the Government’s observations of 04/03/2021
25957/17
02/05/2017
Liviu-Emil LINGURAR
1987
16/06/2017
19/11/2021
03/12/2021
Signed for receipt by the applicant
05/01/2022
In detention in
Satu Mare Prison according to the Government’s observations of 04/03/2021
29803/17
09/05/2017
Radu-Constantin PASCAL
1988
06/07/2017
19/11/2021
Letter returned to sender on 04/02/2022 as “unclaimed”
05/01/2022
21/11/2016
36215/18
04/09/2018
Ioan DARIE
1973
07/02/2019
19/11/2021
Letter returned to sender on 07/03/2022 as “unclaimed”
05/01/2022
12/10/2020
43267/19
29/08/2019
Gheorghe HUSAR
1955
05/11/2019
19/11/2021
Letter returned to sender from Dej Prison Hospital on 02/03/2022 as “moved to an unknown address”
05/01/2022
In detention in
Dej Prison Hospital according to the Government’s observations of 20/10/2020
764/20
17/02/2020
Gabriel PETRIȘOR
1992
21/04/2020
23/11/2021
13/12/2021
Illegible signature
05/01/2022
19/01/2021
7840/20
11/03/2020
Marcel LUPSA
1964
26/06/2020
12/08/2021
24/08/2021
Illegible signature
23/09/2021
In detention in
Arad Prison according to the Government’s observations of 15/01/2021