MATACHE A OSTATNÍ proti Rumunsku

FOURTH SECTION

DECISION

Application no. 40312/15
Gheorghe MATACHE against Romania
and 4 other applications
(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 28 November 2019 as a Committee composed of:

Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,

and Liv Tigerstedt, 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 (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations.

By letters sent by registered post, the applicants were notified that the time allowed for the submission of their observations or of certain requested information 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.

In respect of application no. 35514/16, a first warning letter was sent to the lawyer designed by the applicant as the representative. She replied stating that she was not in contact with the applicant since his release. A second warning letter was subsequently sent to the applicant; it returned to the Court as “recipient moved” (see 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 application out of its list of cases.

Done in English and notified in writing on 19 December 2019.

Liv Tigerstedt Stéphanie Mourou-Vikström
Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention)