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FOURTH SECTION
DECISION
Application no. 27232/16
Elena NEGREANU against Romania
and 16 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. 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. No reply to these letters has been received by the Court (see details in the appended table) and there are no previous letters from the applicants informing the Court about a change of address.
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. | Applicant’s name Year of birth | Representative’s name and location | 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 | Date of the applicant’s release from prison |
27232/16 08/11/2016 | Elena NEGREANU 1955 | Alexandru Negreanu Ţânţăreni | 21/04/2022 | 04/08/2022 | 12/09/2022 | 28/10/2022 | 07/11/2022 Signed for receipt by the applicant’s mother | 14/12/2016 | |
34801/16 19/07/2016 | Gigi BRATU 1962 | Ana Maria Loredana Ciobotaru Galaţi | 25/03/2022 | 04/08/2022 | 12/09/2022 | 28/10/2022 | 07/11/2022 Signed for receipt by the applicant’s representative | 22/09/2020 | |
35103/16 13/07/2016 | Ionel-Toader PUIU 1984 | 05/05/2022 | 04/08/2022 | 12/09/2022 | 28/10/2022 | 02/11/2022 Signed for receipt by a relative of the applicant | 06/03/2018 | ||
35112/16 09/06/2016 | Stelică COZMICI 1985 | 17/07/2020 | 25/07/2022 | 05/09/2022 | 20/10/2022 | 07/11/2022 Signed for receipt by the applicant | 24/03/2021 | ||
36663/16 20/07/2016 | Adrian MIHAI 1988 | 06/10/2016 | 25/07/2022 | 05/09/2022 | 20/10/2022 | 31/10/2022 Signed for receipt by the prison representative | – | ||
44572/16 31/08/2016 | Valentin-Daniel CREȚU 1983 | Violeta-Maria Andrei Caransebeş | 17/03/2022 | 04/08/2022 | 12/09/2022 | 28/10/2022 | 09/11/2022 Signed for receipt by the applicant’s representative | 12/07/2016 | |
44896/16 17/08/2016 | Dumitru BĂLINEANU 1970 | 04/02/2022 | 26/07/2022 | 06/09/2022 | 20/10/2022 | 01/11/2022 Handed over to the recipient (according to information on the website of the Romanian Post) | – | ||
45529/16 06/01/2017 | Florin MATEI 1969 | 08/06/2022 | 04/08/2022 | 12/09/2022 | 28/10/2022 | 04/11/2022 Signed for receipt by the applicant’s daughter | 25/01/2018 | ||
51026/16 26/09/2016 | Aurel VASILICĂ 1964 | 11/09/2020 | 25/07/2022 | 05/09/2022 | 20/10/2022 | 18/11/2022 Signed for receipt by the prison representative | – | ||
52335/16 26/09/2016 | Marian ZEVEDEI 1966 | 09/02/2018 | 04/08/2022 | 15/09/2022 | 28/10/2022 | 07/11/2022 Signed for receipt by the applicant | 30/01/2018 | ||
67630/16 22/12/2016 | Ion LUNGU 1977 | 01/07/2022 | 25/07/2022 | 05/09/2022 | 20/10/2022 | 01/11/2022 Signed for receipt by the applicant | – | ||
73484/16 12/05/2017 | Stefan GRIGORESCU 1992 | 24/11/2021 | 25/07/2022 | 05/09/2022 | 20/10/2022 | 01/11/2022 Signed for receipt by the prison representative | – | ||
74350/16 09/02/2017 | Stelian-Anghel VOICU 1979 | 25/08/2021 | 25/07/2022 | 05/09/2022 | 20/10/2022 | 31/10/2022 Signed for receipt by the applicant | – | ||
77415/16 09/03/2017 | Ionel NICOLAE 1979 | 09/09/2021 | 26/07/2022 | 06/09/2022 | 20/10/2022 | 01/11/2022 Signed for receipt by the applicant | – | ||
14372/17 13/02/2017 | Ion Florinel ARDELEAN 1986 | 05/05/2022 | 04/08/2022 | 15/09/2022 | 28/10/2022 | 08/11/2022 Handed over to the recipient (according to information on the website of the Romanian Post) | The applicant was initially released on 29/08/2017 By a letter dated 13/09/2019, the applicant informed the Court that he had been reincarcerated | ||
27645/18 04/06/2018 | Constantin AVELOIU 1974 | 12/06/2018 | 26/07/2022 | 06/09/2022 | 20/10/2022 | 01/11/2022 Signed for receipt by the prison representative | – | ||
31422/19 02/07/2019 | Gheorghe CIURAR 1984 | 04/02/2022 | 26/07/2022 | 06/09/2022 | 20/10/2022 | 08/11/2022 Signed for receipt by the prison representative | – |