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FOURTH SECTION
DECISION
Application no. 27954/15
Cosimo SCAGLIONE against Romania
and 17 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 8 September 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, 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 29 September 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. | Applicant’s name Year of birth | Representative’s name and location | Date of the applicant’s last letter to the Court | Date of the Court’s registered letter | Date of receipt of the registered letter | New time-limit for submission of observations by the applicant | Date of the applicant’s release from prison |
27954/15 02/02/2016 | Cosimo SCAGLIONE 1971 | 20/07/2020 | 25/03/2022 | Letter returned to the sender on 18/04/2022 according to information on the Romanian Post website | 06/05/2022 | 07/06/2016 | ||
43161/15 31/08/2016 | Daniel-Didi GHEORGHE 1970 | Ionuţ Boroş Bârlad | 02/09/2020 | 25/03/2022 | Signed by the applicant on 04/04/2022 | 06/05/2022 | 01/03/2016 | |
61757/15 05/12/2015 | Marin BADEA 1942 | 02/09/2020 | 25/03/2022 | Signed by the applicant on 04/04/2022 | 06/05/2022 | 12/03/2016 | ||
14265/16 26/05/2016 | Nani MIHAI 1983 | 23/07/2020 | 25/03/2022 | Signed by the applicant on 04/04/2022 | 06/05/2022 | 09/05/2017 | ||
15697/16 11/05/2016 | Iulian GREBENAR 1979 | 17/07/2020 | 22/05/2022 | The applicant refuses receipt of the Court’s letter 08/04/2022 | 03/05/2022 | 23/10/2018 | ||
16979/16 01/06/2016 | Bogdan-Adrian RĂDULESCU 1967 | 01/09/2020 | 22/03/2022 | Letter returned to the sender on 12/04/2022 according to information on the Romanian Post website | 03/05/2022 | 09/11/2016 | ||
21290/16 11/05/2016 | Georgel LUPOAE 1974 | 11/08/2021 | 25/03/2022 | Signed by the applicant on 04/04/2022 | 06/05/2022 | 22/01/2020 | ||
25573/16 29/08/2016 | Emil ISTRĂTUCĂ 1972 | 15/10/2020 | 25/03/2022 | Signed by the applicant on 05/04/2022 | 06/05/2022 | 06/02/2018 | ||
38941/16 12/10/2016 | Francisc-Teodor FODOR 1969 | 27/03/2017 | 16/02/2022 | Illegible signature on 24/02/2022 | 30/03/2022 | 21/02/2017 | ||
39152/16 01/11/2016 | Marius ŢINICĂ 1984 | 11/02/2022 | 26/01/2022 | Letter returned to the sender on 17/02/2022 according to information on the Romanian Post website | 09/03/2022 | 14/03/2017 | ||
39298/16 28/07/2016 | Victor ȘTEFAN 1982 | 11/09/2017 | 16/02/2022 | Letter returned to the sender on 28/02/2022 as the applicant had moved out | 30/03/2022 | 17/08/2017 | ||
39723/16 23/09/2016 | Pascu ILIE 1993 | 04/11/2016 | 17/11/2021 | Letter returned to the sender on 10/12/2021 as unclaimed by the applicant | 04/01/2022 | 02/08/2017 | ||
42025/16 18/10/2016 | Ioan-Alexandru GLĂJAR 1987 | 09/01/2018 | 28/02/2022 | Illegible signature on 10/03/2022 | 14/03/2022 | 01/06/2016 | ||
2980/17 12/06/2017 | Ionel-Iacob NICOLA 1967 | 09/03/2018 | 16/02/2022 | Delivered to the applicant on 04/03/2022 according to Romanian Post website | 30/03/2022 | 26/012017 | ||
31711/17 25/05/2017 | Gheorghe STANCU 1974 | 24/03/2020 | 25/03/2022 | Attempted delivery to the applicant on 05/04/2022, returned to the sender on 14/04/2022 | 06/05/2022 | 27/08/2018 | ||
48900/19 09/10/2019 | Corneliu NEZIRU 1961 | 01/09/2020 | 16/02/2022 | Signed by the prison representative on 25/02/2022 | 30/03/2022 | |||
7099/20 05/03/2020 | Costică MOŢOI 1972 | 15/10/2020 | 05/01/2022 | Signed by the applicant on 10/01/2022 | 16/02/2022 | |||
8796/20 09/03/2020 | Mihăiţă ŞERBAN 1977 | 16/03/2020 | 05/01/2022 | Letter returned to the sender on 25/01/2022 as unclaimed by the applicant | 16/02/2022 |