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FOURTH SECTION

DECISION

Application no. 28432/16
Vasilică TOADER against Romania
and 21 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).

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 of the registered letter

Date of the applicant’s release from prison

28432/16

13/10/2016

Vasilică TOADER

1977

Andreea Gabriela Cedar, Galați

18/09/2020

02/08/2022

13/09/2022

29/09/2022

11/10/2022

Signed for receipt by the applicant’s representative

-

40694/16

01/08/2016

Ilarion-Cristian RADU

1987

-

22/10/2020

02/08/2022

13/09/2022

29/09/2022

Returned to the sender on 20/10/2022

16/11/2021

46554/16

28/09/2016

Alexandru TEODOR

1987

-

08/11/2021

02/08/2022

13/09/2022

29/09/2022

Returned to the sender on 10/10/2022

23/11/2021

46723/16

29/08/2016

Petru GATMAN

1970

-

19/10/2020

02/08/2022

13/09/2022

29/09/2022

10/10/2022

Handed over to the recipient

(according to information on the website of the Romanian Post)

-

49349/16

10/11/2016

Mihai ATOMEI

1961

-

02/09/2020

02/08/2022

13/09/2022

29/09/2022

11/10/2022

Signed for receipt by Arad prison’s representative

54684/16

17/12/2016

Florin MINCĂ

1975

-

25/01/2021

21/09/2022

02/11/2022

17/11/2022

02/12//2022

Handed over to the recipient

(according to information on the website of the Romanian Post)

-

55594/16

21/10/2016

Vasile FIERARU

1983

-

16/03/2020

21/09/2022

02/11/2022

17/11/2022

09/12/2022

Handed over to the applicant’s sister

12/07/2017

56555/16

15/11/2016

Gabriel STOICA

1984

-

07/01/2022

21/09/2022

02/11/2022

17/11/2022

25/11/2022

Signed by the applicant

-

56616/16

18/10/2016

Ali KARAZI

1970

-

06/12/2021

21/09/2022

02/11/2022

17/11/2022

30/12/2022

Illegible signature

-

56617/16

06/02/2017

Adrian-Vasile RUSU

1973

-

01/02/2021

21/09/2022

02/11/2022

17/11/2022

02/12/2022

Illegible signature

-

57287/16

28/11/2016

Florin Gabriel DUMITRU

1976

22/03/2021

21/09/2022

02/11/2022

17/11/2022

Returned to the sender on 05/12/2022

09/01/2019

58149/16

04/01/2017

Zoltan BUDI

1982

-

23/03/2021

21/09/2022

02/11/2022

17/11/2022

29/11//2022

Handed over to the recipient

(according to information on the website of the Romanian Post)

-

58396/16

21/02/2017

Marian SECAN

1987

-

25/01/2021

21/09/2022

02/11/2022

17/11/2022

Returned to the sender on 02/12/2022

-

62749/16

03/05/2017

Marian-Fănel NAUM

1971

-

14/01/2021

21/09/2022

02/11/2022

17/11/2022

06/12/2022

Illegible signature

-

63029/16

05/12/2016

Marian-Constantin POIȚELEA

1977

-

23/03/2021

21/09/2022

02/11/2022

17/11/2022

06/12/2022

Illegible signature

22/08/2018

63496/16

12/12/2016

Vasile CĂLIN

1986

-

18/01/2022

21/09/2022

02/11/2022

17/11/2022

28/11/2022

Illegible signature

-

67055/16

12/12/2016

Vasile TĂMĂSLĂCARIU

1978

-

26/01/2021

21/09/2022

02/11/2022

17/11/2022

Returned to the sender on 27/01/2023

02/11/2021

67650/16

20/02/2017

Claudiu-Celestin VLĂDULESCU

1974

-

24/05/2022

02/08/2022

13/09/2022

29/09/2022

03/01/2023

Signed for receipt by Tg. Jiu prison’s representative

-

69644/16

12/12/2016

Doru CONDURACHI

1962

-

23/05/2022

02/08/2022

13/09/2022

29/09/2022

10/10/2022

Signed by the applicant

19/04/2022

71538/16

09/01/2017

Răzvan-Alexandru GRĂDINARU

1971

Cătălin Nicolae Pangratie

Bucharest

09/01/2017

27/09/2022

08/11/2022

23/11/2022

05/12/2022

Signed for receipt by the applicant’s representative

28/02/2018

72438/16

27/02/2017

Mihai MACOVEI

1958

-

04/04/2022

02/08/2022

13/09/2022

29/09/2022

14/10/2022

Signed by the applicant

19/04/2022

73410/16

04/03/2021

Ion GAIDAȘ

1963

-

20/10/2021

21/09/2022

02/11/2022

17/11/2022

05/12/2022

Handed over to the recipient

(according to information on the website of the Romanian Post)

-