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FOURTH SECTION
DECISION
Application no. 35204/16
Marius-Sebastian SIMA against Romania
and 10 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 9 December 2021 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 13 January 2022.
{signature_p_1} {signature_p_2}
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 | 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 |
35204/16 29/09/2016 | Marius-Sebastian SIMA 1977 | 10/08/2018 | 29/07/2021 | Letter returned on 14/09/2021 as “unclaimed” | 09/09/2021 | 28/02/2017 | ||
37287/16 22/08/2016 | Vasilică CĂMĂRUȚ 1981 | 20/10/2017 | 29/07/2021 | Handed over on 10/08/2021 (according to information on the website of the Romanian Post) | 09/09/2021 | 10/10/2017 | ||
44521/16 16/09/2016 | Laszlo IOVANOVICI 1967 | 13/07/2017 | 23/08/2021 | Letter returned on 20/10/2021 as “unclaimed” | 04/10/2021 | 20/06/2017 | ||
53395/16 04/01/2017 | Vasilică CHELARU 1973 | 17/10/2017 | 29/07/2021 | Letter returned on 14/09/2021 as “moved from address” | 09/09/2021 | 15/09/2017 | ||
55610/16 11/10/2016 | Ionel CRISTEA 1978 | 07/08/2017 | 29/07/2021 | Handed over on 06/08/2021 (according to information on the website of the Romanian Post) | 09/09/2021 | 04/05/2017 | ||
15345/17 09/03/2017 | Ionel IRIMIA 1972 | 18/09/2017 | 23/08/2021 | Letter returned on 12/10/2021 as “unclaimed” | 04/10/2021 | 08/09/2017 | ||
67717/17 08/09/2017 | Bogdan-Nicolae CIOTÂRNEL 1981 | Violeta Oancea Bucharest | 13/09/2017 | 23/08/2021 | Letter returned on 28/10/2021 as “unclaimed” | 04/10/2021 | 30/03/2017 | |
17561/20 20/05/2020 | Lazăr STOICA 1976 | 05/06/2020 | 23/07/2021 | 04/08/2021 Illegible signature | 03/09/2021 | 04/06/2020 | ||
20364/20 04/08/2020 | Cosmin Florea DOMNIŢI 1988 | 21/08/2020 | 23/07/2021 | 03/08/2021 Illegible signature | 03/09/2021 | 23/12/2020 | ||
21924/20 31/07/2020 | Andrei-Ionel SLABU 1992 | 13/08/2020 | 23/07/2021 | Handed over on 06/08/2021 (according to information on the website of the Romanian Post) | 03/09/2021 | 19/09/2020 | ||
28807/20 12/08/2020 | Valentin-Ionuţ NATU 1993 | 21/08/2020 | 23/07/2021 | 02/08/2021 Illegible signature | 03/09/2021 | 04/10/2020 |