Ciobotaru and Others v. Romania
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 35219/16
Gicu CIOBOTARU against Romania and 2 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting 4 February 2021 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. All 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 25 February 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. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of the
applicant’s
last letter
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
35219/16
11/07/2016
Gicu CIOBOTARU
1979
Atena Beatrice Ciobotaru,
Zarnesti
14/10/2019
20/07/2020
Handed over to the recipient on
05/08/2020
(according to information
on the website of the Romanian Post)
31/08/2020
26/01/2018
55794/16
20/01/2017
Laur GOMAN
1984
31/01/2017
19/10/2020
Letter returned from home address on 21/12/2020 as recipient “moved from the address”
27/11/2020
17/01/2017
59094/16
24/10/2016
Ion GRIGORE
1985
19/12/2016
19/10/2020
Letter returned from home address on 21/12/2020 as “unclaimed”
27/11/2020
22/05/2018