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9.3.2023
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FOURTH SECTION

DECISION

Application no. 27911/16
Ion OSMAN against Romania
and 5 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 even if the applicants received them (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

27911/16

01/09/2016

Ion OSMAN

1977

24/08/2022

12/09/2022

24/10/2022

13/12/2022

Received by the applicant on 21/12/2022

15/11/2017

34013/16

26/07/2016

Roberto-Viorel MATEI

1990

Anișoara Dincă

Drobeta-Turnu- Severin

22/10/2020

12/09/2022

24/10/2022

13/12/2022

Received by the applicant on 28/12/2022

08/11/2017

35922/16

16/08/2016

Vasile CIOBANU

1974

04/11/2022

16/09/2022

28/10/2022

22/11/2022

Received by the applicant on 02/12/2022

15/09/2022

49730/16

09/01/2017

Vasile SAS

1963

Vasile Rareş Biro

Satu Mare

13/06/2022

12/09/2022

24/10/2022

13/12/2022

Received by the applicant’s representative on 21/12/2022

07/11/2017

49865/16

15/09/2016

Victor BRATU

1983

17/03/2021

12/09/2022

24/10/2022

13/12/2022

Received by the applicant on 23/12/2022

07/08/2018

57540/16

17/03/2017

Ion-Cristian GORIA

1969

Elena Gorea

Bucharest

16/06/2022

12/09/2022

24/10/2022

13/12/2022

Received by the applicant’s representative on 21/12/2022

03/05/2017