FOURTH SECTION
DECISION
Application no. 59098/16
Ioan-Cristian VIZIREANU
against Romania
The European Court of Human Rights (Fourth Section), sitting on 15 February 2024 as a Committee composed of:
Anja Seibert-Fohr, President,
Anne Louise Bormann,
Sebastian Răduleţu, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 4 November 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ioan-Cristian Vizireanu, was born in 1979. He was represented by Ms I. Mărgărit, a lawyer practising in Bucharest.
The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”).
On 25 May 2022 the applicant’s representative informed the Registry that the applicant had died on 27 May 2018, and she named the late applicant’s mother as a potential heir, indicating her last known address.
On 8 February 2023 the Registry sent a letter, by registered post, to the indicated address of the applicant’s mother, asking whether she wished to pursue the proceedings before the Court and requesting a copy of an authentic document attesting to her capacity as heir. The Registry received a letter in return from the applicant’s sister in which she did not expressly formulate her wish to continue the proceedings before the Court, nor submitted any document attesting to her eventual capacity as heir.
On 11 July 2023 the Registry sent another letter, by registered post, to the same address, asking whether there was any potential heir wishing to pursue the proceedings before the Court and requesting a copy of an authentic document attesting to their capacity as heirs. The late applicant’s sister replied again, without expressly formulating her wish to continue the proceedings before the Court, nor submitting any document attesting to her eventual capacity as heir.
THE LAW
In the light of the foregoing, the Court concludes that the applicant’s heirs, if any, do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.
Accordingly, the case should be struck 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 14 March 2024.
{signature_p_2}
Viktoriya Maradudina Anja Seibert-Fohr
Acting Deputy Registrar President