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Datum rozhodnutí
23.3.2023
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3
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FOURTH SECTION

DECISION

Application no. 39776/16
Robert AVROIAN against Romania
and 2 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 23 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 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, who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations (see the appended table for the relevant dates). No reply was received by the Court.

By letters sent by registered post, the applicants were notified that the time allowed for the submission of their observations had expired (see the appended table for the relevant dates). 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 were received by the applicants (see details in the appended table). No reply to these letters has been received by the Court.

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, 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 13 April 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

Date of the applicant’s last letter to the Court

Date of sending Government’s observations to the applicant

Time limit of submission of response by the applicant

Date of the Court’s

registered letter

Date of receipt of the registered letter

39776/16

18/08/2016

Robert AVROIAN

1994

01/09/2021

28/07/2022

25/08/2022

10/11/2022

21/11/2022

58145/16

24/10/2016

Ilie-Cosmin DUMITRU

1984

22/04/2021

28/07/2022

25/08/2022

10/11/2022

21/11/2022

63430/17

02/08/2017

Ioan LUPU

1966

01/09/2020

21/07/2022

18/08/2022

10/11/2022

18/11/2022