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FOURTH SECTION
DECISION
Application no. 8158/16
Viorel CALOTĂ against Romania
and 8 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 1 July 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 a 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 22 July 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 |
8158/16 25/02/2016 | Viorel CALOTĂ 1973 | 25/05/2018 | 29/03/2021 | Returned to the Court on 14/04/2021 according to the official website of Romania’s Postal Service as unclaimed | 26/04/2021 | 17/01/2018 | ||
50248/16 26/09/2016 | Mihail FENEȘAN 1975 | Lacrima-Cristina Stan Cluj Napoca | 21/04/2017 | 02/09/2020 | 10/09/2020 Illegible signature | 14/10/2020 | 10/12/2019 | |
69889/16 29/12/2016 | Vasile UNGUREANU 1982 | 11/05/2017 | 18/03/2021 | 30/03/2021 Illegible signature | 15/04/2021 | In detention at Vaslui Prison. | ||
7384/17 06/02/2017 | Costeluș-Stănel ZAMFIROIU 1976 | 09/11/2017 | 29/03/2021 | 07/04/2021 Signed for receipt by the applicant’s wife | 26/04/2021 | 11/04/2017 | ||
8020/17 17/01/2017 | Ion MANTAROŞIE 1973 | 03/07/2017 | 29/03/2021 | 07/04/2021 Signed for receipt by the applicant’s wife | 26/04/2021 | 04/04/2017 | ||
9491/17 24/03/2017 | Alexandru MARINESCU 1963 | 24/03/2017 | 29/03/2021 | Returned to the Court on 21/04/2021 according to the official website of Romania’s Postal Service as unclaimed | 26/04/2021 | 16/12/2016 | ||
10029/17 08/03/2017 | Emilian NEGRESCU 1962 | 08/03/2017 | 29/03/2021 | Returned to the Court on 10/04/2021 according to the official website of Romania’s Postal Service as unclaimed | 26/04/2021 | 08/03/2017 | ||
10629/17 27/01/2017 | Alexie MIHĂILĂ 1963 | 21/02/2017 | 29/03/2021 | Handed over to the applicant on 07/04/2021 according to the official website of Romania’s Postal Service | 26/04/2021 | 12/08/2016 | ||
10756/17 26/05/2017 | Vasile SIMIONICĂ 1957 | 26/05/2017 | 29/03/2021 | Returned to the Court on 25/04/2021 according to the official website of Romania’s Postal Service as unclaimed | 26/04/2021 | 17/09/2017 |