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FOURTH SECTION
DECISION
Application no. 26141/16
Stelică NICULAE against Romania
and 12 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 August 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.
All applicants have been released from prison.
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 15 September 2022.
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No. | Application no. | Applicant’s name Year of birth | 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 |
26141/16 03/06/2016 | Stelică NICULAE 1981 | 05/04/2017 | 16/09/2021 | 24/09/2021 Signed by a relative | 28/10/2021 | 15/12/2016 | |
26152/16 07/06/2016 | Ovidiu LĂCĂTUȘ 1989 | 16/12/2020 | 16/09/2021 | 28/09/2021 Signed by a relative | 28/10/2021 | 15/02/2017 | |
33718/16 11/07/2016 | Petrișor-Cătălin RĂCEANU 1989 | 02/02/2018 | 16/09/2021 | 27/09/2021 Signed by a relative | 28/10/2021 | 25/04/2017 | |
38089/16 04/08/2016 | Cosmin NICULA 1979 | 25/01/2021 | 09/08/2021 | 18/08/2021 Signed by the addressee | 20/09/2021 | 03/05/2017 | |
38529/16 05/08/2016 | Ștefan ANDRIEȘ-FIRULETE 1968 | 20/11/2020 | 09/08/2021 | 13/08/2021 According to the British Post Service - delivered to addressee | 20/09/2021 | 17/10/2017 | |
40045/16 01/08/2016 | Ion ROMAN 1982 | 13/11/2020 | 16/09/2021 | 27/09/2021 Signed by a relative | 28/10/2021 | 11/07/2017 | |
40329/16 08/08/2016 | Marian-Mădălin POPESCU 1990 | 03/11/2020 | 16/09/2021 | 28/09/2021 Signed by the addressee | 28/10/2021 | 16/05/2017 | |
41536/16 16/08/2016 | Liviu-Ștefan MICLEA 1992 | 07/01/2021 | 16/09/2021 | 24/09/2021 Illegible signature | 28/10/2021 | 21/09/2016 | |
48963/16 17/10/2016 | Alexandru-Daniel CROITORU 1989 | 25/10/2016 | 17/09/2021 | 24/09/2021 Signed by a relative | 29/10/2021 | 16/01/2018 | |
49616/16 16/11/2016 | Liviu NECHITA 1978 | 06/11/2017 | 17/09/2021 | 27/09/2021 Signed by a relative | 29/10/2021 | 07/11/2018 | |
57315/16 07/11/2016 | Constantin VINERICĂ 1983 | 12/04/2017 | 17/09/2021 | 24/09/2021 Illegible signature | 29/10/2021 | 19/03/2019 | |
58878/16 03/11/2016 | Sevastian-Darius ILEA 1990 | 05/02/2020 | 17/09/2021 | 20/09/2021 According to the French Post Service - delivered to addressee | 29/10/2021 | 20/12/2019 | |
58990/16 07/11/2016 | Dmitrian FILIPESCU 1992 | 07/03/2017 | 17/09/2021 | 04/10/2021 According to the Moldavian Post Service - delivered to addressee | 29/10/2021 | 21/11/2017 |