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Datum rozhodnutí
10.11.2022
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3
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FOURTH SECTION

DECISION

Application no. 25468/16
Porumbiţă ILIE against Romania
and 4 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 (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). No reply to the letters has been received by the Court 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 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, in the absence of any correspondence from the applicants for several years and considering that no reply was received to the Court’s letters, 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 application 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 communication

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

25468/16

06/06/2016

Porumbiţă ILIE

1969

03/07/2017

12/10/2021

01/02/2022

19/07/2022

25/07/2022
received by applicant

20/06/2017

32477/16

07/09/2016

Cătălin PETCU

1984

13/09/2016

12/10/2021

01/02/2022

19/07/2022

26/07/2022
received by applicant’s relative

14/06/2016

32806/16

19/07/2016

Florin DINCĂ

1986

05/06/2018

12/10/2021

01/02/2022

19/07/2022

05/08/2022
returned to sender as per the information on the website of the Romanian Post

08/02/2017

55734/16

14/10/2016

Bogdan-Nicolae GRĂDINAR

1988

31/08/2020

13/10/2021

02/02/2022

19/07/2022

23/09/2022
returned to sender after redelivery trial

18/07/2017

42853/18

11/02/2015

Gheorghiță PRISĂCARU

1980

Christophe Marchand

Bruxelles

07/01/2019

12/10/2021

01/02/2022

19/07/2022

22/07/2022
received by the applicant’s representative

24/06/2015