FOURTH SECTION
DECISION
Application no. 27482/14
Lucian Marcel IUANAȘ
against Romania
The European Court of Human Rights (Fourth Section), sitting on 28 January 2016 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Kūris,
Gabriele Kucsko-Stadlmayer, judges,
and Hasan Bakırcı, Acting Deputy Section Registrar,
Having regard to the above application lodged on 31 March 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Lucian Marcel Iuanaș, is a Romanian national, who was born in 1959 and is detained in Baia Mare Penitentiary. He was represented before the Court by Ms M. Ștețco, his cousin who lives in Borșa.
The Romanian Government (“the Government”) were represented by their Agent, Mrs C. Brumar, of the Ministry of Foreign Affairs.
The applicant complained under Article 3 of the Convention about the inadequate conditions of detention in Baia Mare Penitentiary.
The applicant’s complaints under Article 3 of the Convention were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded for information to the applicant’s representative, who was invited to submit claims under Article 41. No reply was received to the Registry’s letter.
By letter dated 19 October 2015, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the applicant’s claims had expired on 3 July 2015 and that no extension of time had been requested. The applicant’s 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 applicant’s representative received this letter on 28 October 2015. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, 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 case.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 18 February 2016.
Hasan BakırcıVincent A. De Gaetano
Acting Deputy RegistrarPresident
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