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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. | 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) | - |