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9.3.2023
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FOURTH SECTION

DECISION

Application no. 26001/16
József Attila DUKA against Romania
and 8 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 9 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. 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.

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 the 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 30 March 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

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/

return of the

registered letter

Date of the

applicant’s release

from prison

26001/16

02/06/2016

József Attila DUKA

1992

06/06/2016

17/06/2020

29/07/2020

02/03/2021

29/03/2021

Unclaimed

According to the latest documents submitted by the applicant, he was still in detention at the time.

55651/16

12/10/2016

Alexandru BOANCĂ

1982

27/03/2017

09/04/2021

21/05/2021

01/07/2022

12/07/2022

Signed by the applicant

According to the latest documents submitted by the applicant, he was still in detention at the time.

61439/16

14/11/2016

Vasile DARMAZ

1982

07/03/2017

19/06/2020

31/06/2020

02/03/2021

05/04/2021

Unclaimed

According to the latest documents submitted by the applicant, he was still in detention at the time.

64410/16

21/12/2016

Gheorghe STANCA

1966

10/11/2020

31/05/2022

12/07/2022

05/08/2022

17/08/2022

Signed for receipt by a relative

30/01/2018

23532/17

08/05/2017

Tudor-Alexandru IONESCU

1993

19/07/2017

03/06/2021

15/07/2021

11/10/2021

13/10/2021

Moved

23/05/2017

23628/17

20/03/2017

Bogdan BORANGIC

1983

11/09/2021

23/02/2021

06/04/2021

23/07/2021

12/08/2021

Unclaimed

19/04/2017

39784/17

23/05/2017

Ion LUNGU

1966

Andreea-Gabriela Cadar

Galați

20/01/2021

08/04/2022

20/05/2022

05/08/2022

16/08/2022

Signed for receipt by the applicant’s representative

18/01/2017

61779/17

17/08/2017

Vasile-Constantin PĂDURARIU

1993

Andreea-Gabriela Cadar

Galați

20/01/2021

08/04/2022

20/05/2022

05/08/2022

16/08/2022

Signed for receipt by the applicant’s representative

20/03/2017

3426/18

28/12/2017

Dan Valentin SOARE

1980

Andreea-Gabriela Cadar

Galați

20/01/2021

08/04/2022

20/05/2022

05/08/2022

16/08/2022

Signed for receipt by the applicant’s representative

06/09/2017