FOURTH SECTION
DECISION
Application no. 27823/16
Mihai ȘUȘNEA
against Romania
The European Court of Human Rights (Fourth Section), sitting on 9 March 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 application lodged on 9 August 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mihai Șușnea, was born in 1987.
The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (see the appended table for the relevant dates), the friendly settlement procedure being set in motion through the offices of the Registrar upon communication.
No reply was received by the Court from the applicant within the provided deadline. By letter sent by registered post, the applicant was notified that the Court received no response within the time allowed for the submission of his response and that he was provided with a new deadline for submitting a response (see the appended table for the relevant dates). The applicant’s 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 letter was received by the applicant (see details in the appended table). No reply to the letter has been received by the Court. Even though the applicant had been released from prison several years before the date of this decision, the last correspondence from him dates back several years as well (see the appended table for the relevant dates).
THE LAW
In the light of the foregoing, in the absence of any recent correspondence from the applicant and considering that, following the communication of the application to the Government, no reply was received to the Court’s letters, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 application.
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 30 March 2023.
Viktoriya Maradudina Tim Eicke
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of the applicant’s
last communication to the Court
Date of
Communication of the application to the Governemnt
Time-limit
for submitting
response by the
applicant
Date of the Court’s
registered letter
Date of return/delivery
of the registered letter
Date of the applicant’s
release from prison
27823/16
09/08/2016
Mihai ȘUȘNEA
1987
21/10/2020
23/05/2022
12/09/2022
08/12/2022
19/01/2023
Received by the applicant
(illegible signature)
05/03/2019