Přehled
Rozhodnutí
FOURTH SECTION
DECISION
Application no. 1190/18
Cristi BEJINARIU against Romania
and 5 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 8 December 2022 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 (see the appended table for the relevant dates), the friendly settlement procedure being set in motion through the offices of the Registrar upon communication. No reply was received by the Court from the applicants within the provided deadline.
By letters sent by registered post, the applicants were notified that the Court received no response within the time allowed for the submission thereof (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.
The registered letters either returned to the Court as unclaimed or were received by the applicants (see details in the appended table). There are no previous letters from the applicants informing the Court about the change of address. The applicants had been released from prison several years before the date of this decision, and the last correspondence from them also dates back several years (see the appended table for the relevant dates).
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, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.
Accordingly, the cases should be struck 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 12 January 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 communication to the Court | Date of communication | Time-limit for submitting response by the applicant | Date of the Court’s registered letter) | Date of return/delivery of the registered letter | Date of the applicant’s release from prison |
1190/18 19/12/2017 | Cristi BEJINARIU 1980 | 01/02/2018 | 14/03/2022 | 04/07/2022 | 19/09/2022 | 10/10/2022 (returned to sender according to information on the website of the Romanian Post) | 01/07/2017 | ||
2334/18 22/12/2017 | Stelian-Ioan RAȚIU 1961 | Sándor-Attila Szöcs Cluj-Napoca | 26/02/2018 | 14/03/2022 | 04/07/2022 | 19/09/2022 | 30/09/2022 (delivered) | 25/07/2017 | |
5611/18 16/01/2018 | Viorel-Marinel CARPINE 1987 | Cristian Trifan Arad | 07/03/2018 | 14/03/2022 | 04/07/2022 | 19/09/2022 | 30/10/2022 (returned to sender according to information on the website of the Romanian Post) | 18/07/2017 | |
6288/18 26/01/2018 | Remus-Vasile ANDREI 1982 | 26/01/2018 | 14/03/2022 | 04/07/2022 | 19/09/2022 | 30/09/2022 (delivered) | 09/08/2017 | ||
8892/18 02/02/2018 | Demirel ALI 1995 | 02/02/2018 | 14/03/2022 | 04/07/2022 | 19/09/2022 | 10/10/2022 (returned to sender according to information on the website of the Romanian Post) | 06/09/2017 | ||
16764/18 02/04/2018 | Gheorghe OROS 1966 | 02/04/2018 | 14/03/2022 | 04/07/2022 | 19/09/2022 | 03/10/2022 (returned to sender according to information on the website of the Romanian Post) | 03/10/2017 |