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19.1.2023
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FOURTH SECTION

DECISION

Application no. 33117/16
Marian GHEORGHE against Romania
and 7 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 19 January 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 9 February 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

33117/16

18/08/2016

Marian GHEORGHE

1968

Mihaela Beca

Bucharest

01/09/2020

02/08/2022

13/09/2022

29/09/2022

Handed over to the applicant’s representative on 14/10/2022

27/04/2022

37999/16

22/07/2016

Nicolae-Caterin BUCUROIU

1988

04/01/2021

02/08/2022

13/09/2022

29/09/2022

Handed over to prison authorities on 10/10/2022

-

40710/16

01/08/2016

Ionuț COȘCODAR

1984

25/03/2021

02/08/2022

13/09/2022

29/09/2022

Handed over to the applicant on 12/10/2022

(illegible signature)

03/07/2019

46634/16

23/08/2016

Ionel-Cristinel STANCU

1978

29/10/2020

02/08/2022

13/09/2022

29/09/2022

Handed over to prison authorities on 10/10/2022

-

69480/16

27/12/2016

Iulian RĂDUȚ

1985

08/09/2020

02/08/2022

13/09/2022

29/09/2022

Handed over to prison authorities on 11/10/2022

-

3254/17

03/01/2017

Marius OLTEANU

1991

22/06/2022

02/08/2022

13/09/2022

29/09/2022

Handed over to prison authorities on 10/10/2022

-

10021/17

30/05/2017

Ioan LAUFER

1977

Ana Maria Loredana Ciobotaru

Galati

25/11/2020

02/08/2022

13/09/2022

29/09/2022

Handed over to the applicant’s representative on 11/10/2022

-

17483/17

11/04/2017

Marius-Cătălin MARIN

1991

07/05/2021

29/06/2022

10/08/2022

31/08/2022

Returned to the Court on 11/09/2022 (from home address indicated for correspondence; according to the official website of Romanian Postal Service)

19/10/2017