FOURTH SECTION
DECISION
Application no. 81290/17
Frusin TOMA against Romania
and 6 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 17 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, 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 8 June 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
Representative’s name and location
Date of the
applicant’s last
letter to the
Court
Date of sending
Government’s
observations to
the applicant
Time limit of
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
81290/17
22/11/2017
Frusin TOMA
1962
Anișoara Stan
Bucharest
29/11/2017
27/06/2022
08/08/2022
21/11/2022
06/12/2022
Letter handed over to the applicant’s representative
(according to information on the website of the Romanian Post)
27/01/2023
The registered letter sent also to the applicant’s address mentioned in the application form returned to sender as “unclaimed”.
24/05/2017
16609/18
02/04/2018
Floricel ACHIM
1968
Ioana Achim
Bucharest
07/07/2022
27/07/2022
07/09/2022
26/09/2022
12/12/2022
Letter returned to sender
as “unclaimed”
04/10/2017
18254/18
09/04/2018
Karl Bernhard KNABE
1965
24/05/2018
11/08/2022
22/09/2022
19/10/2022
28/11/2022
Letter returned to sender
as “recipient unknown at the address”
24/10/2017
21069/18
23/04/2018
Viorel POP
1982
09/05/2022
11/08/2022
22/09/2022
19/10/2022
07/11/2022
Signed by the applicant
24/10/2017
22479/18
07/05/2018
Mihaiță COMAN
1988
07/04/2022
11/08/2022
22/09/2022
19/10/2022
31/10/2022
Letter handed over to the
recipient
(according to the information on the website of the Romanian
Post)
07/11/2017
35472/19
22/08/2019
Ioan ZOLTAN
1976
19/05/2022
11/08/2022
22/09/2022
19/10/2022
03/11/2022
Signed by the applicant
14/12/2019
13605/20
01/04/2020
Marius DUMITRU
1989
10/11/2020
25/03/2021
23/09/2021
12/08/2021
04/02/2022
01/08/2022
03/10/2022
The four registered letters were handed over to the local mailman on 23/08/2021,
11/02/2022,
08/08/2022,
10/10/2022.
02/11/2020