FOURTH SECTION
DECISION
Application no. 37470/17
Iulian IVANOV against Romania
and 2 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 29 June 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 (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 applicants within the provided deadline (see the appended table for the relevant dates). By letters sent by registered post or by the Court’s Electronic Communications Service (eComms), the applicants were notified that the time allowed for the submission of their response had expired (see the appended table for the relevant date). 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 the 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 last correspondence from the applicants dates before the communication of their complaints under Article 3 of the Convention concerning the inadequate conditions of detention to the Romanian Government (see the appended table for the relevant dates).
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, in the absence of any recent correspondence from the applicants and considering that no reply was received to the Court’s letters, 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 20 July 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
Represented by
Date of the applicant’s last communication to the Court
Date of communication
Time-limit for submission of response by the applicant
Date of the Court’s registered letter
Date of delivery/return of the registered letter
Date of the applicant’s release from prison
37470/17
11/08/2017
Iulian IVANOV
1980
18/08/2017
11/07/2022
31/10/2022
16/11/2022
28/11/2022
Signed by the applicant
19/07/2017
40057/17
23/05/2017
Tache-Constantin ANTON
1981
Andreea-Gabriela CADAR
Galați
02/06/2017
30/05/2022
19/09/2022
06/10/2022
Downloaded from eComms on 08/10/2022
15/02/2017
1133/18
19/12/2017
Laurențiu-Ovidiu OROS
1982
09/02/2018
14/03/2022
04/07/2022
19/09/2022
03/10/2022
Illegible signature
(sent to the applicant’s home address)
13/02/2023
Returned to sender as “unclaimed”
(sent to the second address indicated by the applicant in the application form)
21/06/2017