FOURTH SECTION
DECISION
Application no. 45721/20
Ștefan VIIȘOREANU
against Romania
The European Court of Human Rights (Fourth Section), sitting on 18 January 2024 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 application lodged on the 20 November 2020,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ștefan Viișoreanu, was born in 1974.
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 reply within the time allowed for the submission of his 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 returned to the Court (see details in the appended table). No reply to the letter has been received by the Court and there are no previous letters from the applicant informing the Court about the change of address. 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 8 February 2024.
Viktoriya Maradudina Faris Vehabović
Acting Deputy Registrar President
APPENDIX
List of applications 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 Government
Time-limit for
submitting
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
45721/20
20/11/2020
Ștefan VIIȘOREANU
1974
05/01/2021
12/04/2023
15/09/2023
02/10/2023
Returned to sender as “unclaimed” on 31/10/2023
(according to the Romanian Post Tracking System)
15/12/2020