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20.10.2022
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FOURTH SECTION

DECISION

Application no. 35388/16
Victor DOBRE against Romania
and 4 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 20 October 2022 as a Committee composed of:

Armen Harutyunyan, President,
Jolien Schukking,
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). 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 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 10 November 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

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

35388/16

05/07/2016

Victor DOBRE

1955

10/07/2017

20/05/2021

15/06/2022

23/06/2022

Received by the applicant

13/07/2022

04/07/2017

35636/16

19/07/2016

Ion DOBRE

1967

02/06/2017

20/05/2021

15/06/2022

23/06/2022

Returned to sender

13/07/2022

03/05/2017

38556/16

04/10/2016

Valerică APOSTOL

1985

19/12/2016

20/05/2021

15/06/2022

20/06/2022

Received by the applicant

13/07/2022

13/12/2016

39890/16

04/08/2016

Anton VLAD

1972

07/03/2018

20/05/2021

01/02/2022

07/02/2022

Returned to sender

15/03/2022

03/08/2016

60270/16

16/11/2016

Nicolae ULĂREANU

1975

14/09/2017

20/05/2021

15/06/2022

27/06/2022

Returned to sender

13/07/2022

16/08/2017