FOURTH SECTION
DECISION
Application no. 26454/17
Silviu-Mihai TECȘA against Romania
and 3 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 15 June 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, who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations (see the appended table for the relevant dates). 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. 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 a 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 6 July 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 letter to the Court
Date of sending Government’s observations to the applicant
Time-limit for submission of response by the applicant
Date of the Court’s registered letter
Date of receipt/ return of the registered letter
Date of the applicant’s release from prison
26454/17
18/05/2017
Silviu-Mihai TECȘA
1998
01/02/2021
21/11/2022
09/01/2023
27/01/2023
13/02/2023
Signed for receipt by the applicant’s sister
21/03/2022
55900/17
28/09/2017
Adrian CHEBUȚIU
1967
Coriolan-Adrian PREDA
1979
05/06/2019
15/11/2022
03/01/2023
27/01/2023
15/02/2023
Illegible signature
30/05/2018
17/04/2018
15970/18
02/07/2018
Constantin MILITARU
1978
22/03/2022
21/11/2022
09/01/2023
27/01/2023
09/02/2023
Signed for receipt by Tulcea prison representative
In detention in Tulcea prison
9835/20
27/05/2020
Constantin MIHAI
1989
02/11/2022
14/02/2023
28/03/2023
05/04/2023
22/05/2023
Returned to sender as “recipient moved from the address”
09/02/2023