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24.11.2022
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FOURTH SECTION

DECISION

Application no. 29823/16
Vasile FROSE against Romania
and 11 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 24 November 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.

As no reply was received by the Court from the applicants within the provided deadline, the Government submitted unilateral declarations with a view to resolving the issues raised by these complaints. Still no reply was received by the Court from the applicants within the newly 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 of their response and that they were provided with a new deadline for submitting a response (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), and there are no previous letters from the applicants informing the Court about the change of address. Even though all the applicants had been released from prison several years before the date of this decision, the last correspondence from them predominantly dates back several years as well (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, in the absence of any correspondence from the applicants for several years and considering that, following the communication of their applications to the Government, no reply was received from the applicants, 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 15 December 2022.

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

communication

Date of the Court’s registered letter

Date of receipt/ return of the

registered letter

New time-limit

for submission of

response by the

applicant

Date of the applicant’s

release from prison

29823/16

04/07/2016

Vasile FROSE

1987

03/03/2017

27/05/2021

05/04/2022

13/04/2022

Received by the

applicant

03/05/2022

18/10/2016

30265/16

05/07/2016

Florian ALEXANDRESCU

1987

17/01/2017

27/05/2021

05/04/2022

24/05/2022

Returned to

sender

03/05/2022

09/11/2016

40455/16

05/07/2016

Viorel NEAGOE

1975

19/08/2016

27/05/2021

05/04/2022

15/04/2022

Received by the

applicant

03/05/2022

24/05/2016

45507/16

29/08/2016

Iuliu-Aurelian GABOR

1990

Domnica Gabor

Dumbrava

02/11/2020

27/05/2021

05/04/2022

15/04/2022

Received by the

applicant

03/05/2022

13/12/2016

52800/16

29/11/2016

Mircea-Ioan BUD

1989

06/08/2019

27/05/2021

05/04/2022

08/04/2022

Received by the

applicant

03/05/2022

16/08/2017

53484/16

12/12/2016

Ioniţă TIMIŞ

1973

24/01/2018

27/05/2021

05/04/2022

24/05/2022

Returned to

sender

03/05/2022

15/03/2017

55791/16

16/12/2016

Daniel-Leonid BĂDULESCU

1973

02/01/2017

25/06/2021

05/04/2022

24/05/2022

Returned to

sender

03/05/2022

14/12/2016

65028/16

26/10/2016

Mihai FERENTZ

1972

Paul Istrate

Seica Mare

06/04/2017

27/05/2021

05/04/2022

15/04/2022

Received by the

applicant

03/05/2022

14//02/2017

65413/16

08/12/2016

Francisc MUREŞAN

1970

05/07/2017

27/05/2021

05/04/2022

24/05/2022

Returned to

sender

03/05/2022

27/06/2017

71552/16

31/01/2017

Adrian ACHIM

1987

08/03/2017

27/05/2021

05/04/2022

09/06/2022

Returned to

sender

03/05/2022

07/12/2016

72162/16

29/12/2016

Gheorghe-Liviu IORGA

1972

06/01/2017

27/05/2021

05/04/2022

13/04/2022

Received by the

applicant

03/05/2022

26/12/2016

83546/17

07/12/2017

Marius-Alin BOTEZ

1992

Agustina Botez

Bacau

13/12/2017

27/05/2021

05/04/2022

24/05/2022

Returned to

sender

03/05/2022

10/10/2017