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FOURTH SECTION
DECISION
Application no. 44058/16
Florian GAVRILĂ against Romania
and 12 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 23 September 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).
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 14 October 2021.
{signature_p_2}
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 |
44058/16 19/08/2016 | Florian GAVRILĂ 1970 | 19/08/2016 | 03/06/2021 | Returned to the Court from the home address on 04/07/2021 (according to the official website of Romania’s Postal Service) | 01/07/2021 | 05/04/2016 | ||
54417/16 02/11/2016 | Petrică ENUȚĂ 1954 | Ovidiu Chiriac Brașov | 24/01/2017 | 07/05/2021 | The first letter sent to the applicant’s representative was handed over to the representative’s mother on 02/10/2020 The letter sent to the applicant, who is in prison, was handed over to a representative of prison authorities on 27/05/2021 | 04/06/2021 | In detention at Botoșani Prison. | |
55672/16 14/09/2016 | Costel DĂBULICI 1982 | 12/03/2019 | 11/06/2021 | 25/06/2021 Illegible signature | 09/07/2021 | In detention at Pelendava Prison. | ||
58497/16 25/10/2016 | Elisei-Mihăiță SIMION 1994 | 09/11/2017 | 12/05/2021 | 21/05/2021 Signed for receipt by the applicant’s sister | 09/06/2021 | 17/10/2017 | ||
66048/16 06/12/2016 | Cristian-Mitică VÎRLAN 1987 | 03/05/2017 | 03/06/2021 | 23/06/2021 Signed for receipt by the applicant’s sister | 01/07/2021 | 25/04/2017 | ||
69457/16 10/11/2016 | Stelian DĂNILĂ 1971 | 10/11/2016 | 07/05/2021 | 20/05/2021 Signed for receipt by a representative of prison authorities | 04/06/2021 | In detention at Iași Prison. | ||
79278/16 25/01/2017 | Marius DUMITRU 1977 | 07/09/2020 | 12/05/2021 | 15/05/2021 Illegible signature | 09/06/2021 | 06/01/2017 | ||
130/17 06/03/2017 | Dumitru GĂMAN 1977 | 02/06/2017 | 12/05/2021 | 24/05/2021 Signed for receipt by the applicant’s wife | 09/06/2021 | 01/05/2019 | ||
1506/17 27/06/2017 | Florin LINGURAR 1978 | 07/08/2018 | 07/05/2021 | 21/05/2021 Signed for receipt by a representative of prison authorities | 04/06/2021 | In detention at Gherla Prison. | ||
16887/17 28/03/2017 | Cristian OLARIU 1983 | 25/10/2017 | 03/06/2021 | 15/06/2021 Illegible signature | 01/07/2021 | 04/10/2017 | ||
31858/17 19/04/2017 | Iuliu-Dezideriu FLORIAN 1976 | Marius Avram Vârtop Oradea | 19/04/2017 | 03/06/2021 | 14/06/2021 Illegible signature | 01/07/2021 | 18/01/2017 | |
18004/18 05/04/2018 | Dorin-Grigore SIMA 1981 | Ana Maria Loredana Ciobotaru Galați | 18/05/2018 | 03/06/2021 | 15/06/2021 Illegible signature | 01/07/2021 | In detention at Gherla Prison. | |
8793/20 03/03/2020 | Tudorel Dumitru PRUNĂ 1987 | 22/09/2020 | 03/06/2021 | 15/06/2021 Signed for receipt by a representative of prison authorities | 01/07/2021 | In detention at Arad Prison. |