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FOURTH SECTION

DECISION

Application no. 68078/17
Ilie GHEBENEI against Romania
and 7 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 2 February 2023 as a Committee composed of:

Armen Harutyunyan, President,
Anja Seibert-Fohr,
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 2 March 2023.

Viktoriya Maradudina Armen Harutyunyan
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

68078/17

07/09/2017

Ilie GHEBENEI

1987

12/12/2017

27/06/2022

08/08/2022

14/09/2022

17/10/2022

Letter handed over to the recipient

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

07/03/2017

18828/18

11/04/2018

Mihai-Ionuț FRANȚ

1966

11/04/2018

11/08/2022

22/09/2022

19/10/2022

01/11/2022

Letter handed over to the recipient

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

17/10/2017

20407/18

19/04/2018

Romis-Vasile LUCHEAN

1978

Constantin-Marius Rădăcină

Rădăuți

11/06/2018

11/08/2022

22/09/2022

19/10/2022

31/10/2022

Received

both by the applicant and his representative

25/10/2017

5888/19

13/03/2019

Liviu-Dănuț VIERU

1971

13/11/2019

17/06/2022

29/07/2022

14/09/2022

26/09/2022

Signed for receipt by a third party living at the address indicated in the application form as home address

16/10/2018

47797/19

30/09/2019

Răzvan-Nicolae GRANCEA

1991

02/09/2020

11/08/2022

22/09/2022

19/10/2022

31/10/2022

Signed for receipt by the applicant’s mother

22/10/2020

53620/19

16/12/2019

Traian-Vasile BRAILOVSCHI

1974

24/04/2020

11/08/2022

22/09/2022

19/10/2022

31/10/2022

Signed for receipt by the applicant

24/03/2020

3460/20

05/02/2020

Dumitru TOMA

1953

15/06/2021

11/08/2022

22/09/2022

19/10/2022

01/11/2022

Signed for receipt by the applicant

18/03/2020

6611/20

03/03/2020

Ion-Emil CIMPUERU

1987

05/08/2020

11/08/2022

22/09/2022

19/10/2022

01/11/2022

Signed for receipt by the applicant

17/12/2019