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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. | 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 |