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24/1

FOURTH SECTION

DECISION

Application no. 27264/16
Sebastian SIMENY against Romania
and 9 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.

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

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

27264/16

02/06/2016

Sebastian SIMENY

1978

19/11/2020

23/11/2011

13/12/2021

Signed for receipt by the applicant

05/01/2022

In detention in Codlea Prison according to the Government’s observations of 06/11/2020

5801/17

11/01/2017

Emil-Cristian OTEA

1987

Dumitra Veronica Muşat

Bucharest

04/05/2017

01/04/2022

Letter returned to sender on 24/05/2022 as “unclaimed”

13/05/2022

12/07/2016

6698/17

27/03/2017

Marin LUNEAN

1975

27/03/2017

01/04/2022

13/04/2022

Illegible signature

13/05/2022

22/11/2016

24430/17

14/04/2017

Mihail BĂNICĂ

1980

Doru Ristea

Bucharest

26/06/2017

19/11/2021

Letter returned to sender on 15/03/2022 as “unclaimed”

05/01/2022

In detention in

Bucharest-Rahova Prison according to the Government’s observations of 04/03/2021

25957/17

02/05/2017

Liviu-Emil LINGURAR

1987

16/06/2017

19/11/2021

03/12/2021

Signed for receipt by the applicant

05/01/2022

In detention in

Satu Mare Prison according to the Government’s observations of 04/03/2021

29803/17

09/05/2017

Radu-Constantin PASCAL

1988

06/07/2017

19/11/2021

Letter returned to sender on 04/02/2022 as “unclaimed”

05/01/2022

21/11/2016

36215/18

04/09/2018

Ioan DARIE

1973

07/02/2019

19/11/2021

Letter returned to sender on 07/03/2022 as “unclaimed”

05/01/2022

12/10/2020

43267/19

29/08/2019

Gheorghe HUSAR

1955

05/11/2019

19/11/2021

Letter returned to sender from Dej Prison Hospital on 02/03/2022 as “moved to an unknown address”

05/01/2022

In detention in

Dej Prison Hospital according to the Government’s observations of 20/10/2020

764/20

17/02/2020

Gabriel PETRIȘOR

1992

21/04/2020

23/11/2021

13/12/2021

Illegible signature

05/01/2022

19/01/2021

7840/20

11/03/2020

Marcel LUPSA

1964

26/06/2020

12/08/2021

24/08/2021

Illegible signature

23/09/2021

In detention in

Arad Prison according to the Government’s observations of 15/01/2021