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FOURTH SECTION
DECISION
Application no. 21225/16
Marian DIACONU against Romania
and 16 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 November 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). All the 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 16 December 2021.
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 |
21225/16 16/05/2016 | Marian DIACONU 1971 | 25/04/2019 | 17/03/2021 | Returned to the Court on 13/04/2021 (according to the official website of Romania’s Postal Service) | 28/04/2021 | 14/06/2019 | ||
31571/16 21/10/2016 | Constantin ATUDOREI 1965 | 21/10/2016 | 28/04/2021 | Returned to the Court as “recipient refused to receive the letter” on 20/08//2021 | 09/06/2021 | 29/09/2016 | ||
31868/16 27/06/2016 | Iulian IACOMI 1994 | 06/10/2016 | 18/06/2021 | Returned to the Court as “recipient moved abroad” on 20/08/2021 | 30/07/2021 | 06/02/2018 | ||
34083/16 06/07/2016 | Vasile VLĂSCEANU 1965 | 10/02/2017 | 14/10/2020 | Returned to the Court on 17/11/2020 (according to the official website of Romania’s Postal Service) | 25/11/2020 | 07/03/2018 | ||
36464/16 13/06/2016 | Răzvan-Darius ZBENGHEA 1986 | 10/01/2017 | 24/03/2021 | Handed over to the applicant on 09/04/2021 (according to the official website of Romania’s Postal Service) | 05/05/2021 | 16/05/2018 | ||
38178/16 18/07/2016 | Vasile PĂTRAȘCU 1968 | 30/10/2017 | 06/08/2021 | Returned to the Court for unknown reason on 14/09/2021 | 17/09/2021 | 29/08/2017 | ||
38835/16 21/07/2016 | Marcu LĂCĂTUȘ 1979 | 28/03/2017 | 12/08/2021 | Returned to the Court as “unclaimed” on 04/10/2021 | 23/09/2021 | 14/03/2017 | ||
597/17 26/01/2017 | Vasilică FULGA 1995 | 30/05/2017 | 24/03/2021 | 08/04/2021 Signed for receipt by a third party living at the address indicated in the applicant’s ID as a home address | 05/05/2021 | 01/10/2020 | ||
6170/17 03/01/2017 | Alexandru HENDRE 1982 | Csongor Szabo Săcuieni | 25/09/2018 | 23/04/2021 | Returned to the Court as “unclaimed” on 20/08/2021 | 04/06/2021 | 12/04/2017 | |
45433/18 10/10/2018 | Cornel-Robert GEORGESCU 1988 | 10/10/2018 | 06/05/2021 | Returned to the Court as “unclaimed” on 20/08/2021 | 17/06/2021 | 25/02/2020 | ||
58573/18 17/01/2019 | Alin CURARARIU 1973 | 05/12/2019 | 31/05/2021 | Returned to the Court from the home address as “moved” on 20/08/2021 | 12/07/2021 | 07/07/2020 | ||
3273/19 31/01/2019 | Pardalian Bobi CIRȚIU 1993 | 31/01/2019 | 23/08/2021 | The first letter sent to the home address was returned to the Court on 23/04/2021 (according to the official website of Romania’s Postal Service) The second letter sent to the same address was returned to the Court as “[the applicant] moved” on 12/10/2021 | 04/10/2021 | 04/08/2020 | ||
6350/19 13/02/2019 | Ionuț-Vasile ASOFRONEI 1991 | 11/01/2021 | 17/03/2021 | Handed over to the applicant on 05/04/2021 (according to the official website of Romania’s Postal Service) | 28/04/2021 | 23/12/2020 | ||
6351/19 14/02/2019 | Mircea VARODI 1960 | 18/02/2021 | 24/03/2021 | 08/04/2021 Signed for receipt by the applicant’s daughter | 05/05/2021 | 03/02/2021 | ||
45540/19 16/09/2019 | Gheorghe-Ionuț MILITARU 1973 | 16/09/2019 | 08/07/2021 | The letter was sent to the prison address and returned to the Court on 20/08/2021 as “applicant released”. A previous letter sent to the home address had been returned on 09/06/2021 as “unclaimed”. | 19/08/2021 | 16/12/2020 | ||
46810/19 29/01/2020 | Florian RADU 1967 | 05/01/2021 | 31/05/2021 | Handed over to the applicant on 14/06/2021 (according to the official website of Romania’s Postal Service) | 12/07/2021 | 15/12/2020 | ||
13538/20 31/03/2020 | Lucian-Paul BOGHIAN 1987 | 23/10/2020 | 12/08/2021 | Returned to the Court as “unclaimed” on 12/10/2021 | 23/09/2021 | 05/10/2020 |