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Datum rozhodnutí
2.2.2023
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FOURTH SECTION

DECISION

Application no. 36812/16
Ovidiu-Mihai PĂDURARU against Romania
and 4 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

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

36812/16

19/07/2016

Ovidiu-Mihai PĂDURARU

1982

9/02/2019

4/08/2022

12/09/2022

28/10/2022

12/12/2022

Returned as unclaimed

11/07/2017

45969/16

25/11/2016

Aurel-Andrei STAN

1988

9/09/2020

4/08/2022

12/09/2022

28/10/2022

12/12/2022

Returned as unclaimed

08/11/2018

46269/16

06/09/2016

Iulian-Cristian NIȚESCU

1977

8/09/2020

25/07/2022

5/09/2022

20/10/2022

1/12/2022

Returned as the applicant was released

-

51075/16

06/02/2017

Lucian LINGURAR

1978

15/03/2021

25/07/2022

5/09/2022

20/10/2022

1/12/2022

Returned as unknown in Craiova prison

-

76542/16

16/01/2017

Mugurel ALMĂJANU

1989

30/06/2022

25/07/2022

5/09/2022

20/10/2022

1/12/2022

Returned as unknown in Craiova prison

-