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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.
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 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