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Datum rozhodnutí
10.11.2022
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3
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FOURTH SECTION

DECISION

Application no. 16673/16
Traian DIACONU against Romania
and 2 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 10 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, 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 1 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 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

16673/16

01/06/2016

Traian DIACONU

1953

05/11/2021

03/03/2022

14/04/2022

21/07/2022

01/08/2022
received by the applicant

26/03/2019

39631/16

26/09/2016

Petrică SCARLAT

1978

21/10/2020

03/03/2022

14/04/2022

21/07/2022

02/08/2022
received by a relative of the applicant

02/04/2019

30783/17

22/08/2017

Cătălin-Cristi GAE

1966

Carmen Cecilia Ofelia Radu

Preajba

02/11/2020

03/03/2022

14/04/2022

21/07/2022

02/08/2022
received by the applicant’s representative (illegible signature)

21/11/2017