FOURTH SECTION
DECISION
Application no. 60990/16
Ciprian TOPERȚAN against Romania
and 7 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 31 August 2023 as a Committee composed of:
Faris Vehabović, President,
Anja Seibert-Fohr,
Anne Louise Bormann, 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 (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.
The registered letters either returned to the Court or were received by the applicants (see details in the appended table). No reply to these letters has been received by the Court 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 21 September 2023.
Viktoriya Maradudina Faris Vehabović
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 for submission of response by the applicant
Date of the Court’s
registered letter
Date of receipt/return of
the registered letter
60990/16
27/12/2016
Ciprian TOPERȚAN
1992
Liviu-Crăciunel Moldovan
Arad
09/01/2017
19/06/2020
31/07/2020
02/02/2022
17/02/2022
125/17
17/02/2017
Gabriel NEGOI
1970
17/05/2022
23/09/2022
04/11/2022
21/11/2022
Returned to the Court as “unclaimed” on 18/01/2023
1162/17
15/03/2017
Rojel-Traian HOLBAN
1990
Stelică Boboc
Iasi
10/09/2021
23/09/2022
04/11/2022
21/11/2022
14/12/2022
3880/17
26/01/2017
George VLĂDĂŞEL
1980
21/06/2022
31/08/2022
12/10/2022
06/12/2022
14/12/2022
5017/17
06/01/2017
Petru-Vasile VRAJA
1991
Vasile Rareş Biro
Satu Mare
21/06/2022
05/07/2022
16/08/2022
05/01/2023
Returned to the Court as “unclaimed” on 12/04/2023
8038/17
13/06/2017
Constantin FRANIUC
1988
18/09/2020
23/09/2022
04/11/2022
21/11/2022
06/12/2022
13275/17
03/05/2017
Rareș-Beniamin ARDELEANU
1995
21/10/2020
23/09/2022
04/11/2022
21/11/2022
Returned to the Court as “unclaimed” on 11/01/2023
20157/17
07/03/2017
Alexandru-Ionuț LĂUTARU
1986
13/11/2020
23/09/2022
04/11/2022
21/11/2022
Returned to the Court as “unclaimed” on 29/11/2022