FOURTH SECTION
DECISION
Applications nos. 13700/16 and 15707/16
Gheorghe TOFAN against Romania
and Toma ŞTEFĂNESCU against Romania
The European Court of Human Rights (Fourth Section), sitting on 19 November 2020 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Liv Tigerstedt, 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 (“the Government”), who submitted observations on the admissibility and merits.
By letters sent by registered post on the dates indicated in the appended table, the applicants were invited to inform the Court about any developments or changes in their situation at the domestic level. The applicants’ attention was 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 10 December 2020.
Liv TigerstedtArmen Harutyunyan
Acting Deputy RegistrarPresident
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
Date of the Court’s registered letter
Date of receipt of the registered letter
Time-limit for submission by the applicant of the information requested
Date of the applicant’s release from prison
13700/16
03/05/2016
Gheorghe TOFAN
1966
28/11/2018
25/06/2020
Handed over to the recipient on 27/02/2020
23/07/2020
In detention at Vaslui Prison
15707/16
12/04/2016
Toma ŞTEFĂNESCU
1979
06/11/2019
25/06/2020
16/07/2020
Signed by the Prison’s representative
23/07/2020
In detention at Târgu-Jiu
Prison
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