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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. | 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 |