SECOND SECTION
DECISION
Applications nos. 74514/13 and 74522/13
Piotr TOMA against the Republic of Moldova
and Vera CODREANU against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 24 November 2015 as a Committee composed of:
Nebojša Vučinić, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and Abel Campos, Deputy Section Registrar,
Having regard to the above applications lodged on 14 November 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Mr Piotr Toma, is a Moldovan national, who was born in 1980 and lives in Chișinău.
The applicant in the second case, Ms Vera Codreanu, is a Moldovan national, who was born in 1989 and lives in Ecaterinovca.
Both applicants were represented before the Court by Mr V. Malanciuc, a lawyer practising in Chișinău.
The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol.
The applicants complained under Article 3 and under Article 5 § 4 of the Convention.
The cases were communicated to the Government on 17 April and 19 May 2014, respectively, and they duly submitted their 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 to the Registry’s letters.
By a letter dated 1 April 2015, sent by registered post, the applicants’ representative was notified that the period allowed for submission of their observations had expired on 7 and 8 January 2015, respectively, and that no extension of the deadlines had been requested. The applicants’ representative’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicants’ representative received that letter on 9 April 2015. However, no response has been received.
THE LAW
The Court finds that, given their common factual and legal background, it is appropriate to join the present applications.
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of 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 its Protocols which require the continued examination of the cases.
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 17 December 2015.
Abel CamposNebojša Vučinić
Deputy RegistrarPresident
Full & Egal Universal Law Academy