lagen.nu
no. 43857/16

Ţâmpu and Others v. Romania

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2021-04-08
ECLI
ECLI:CE:ECHR:2021:0408DEC004385716
Artiklar
3, 37, 37-1
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FOURTH SECTION

Application no. 43857/16 Petrea ŢÂMPU against Romania and 3 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 8 April 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). Their 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 29 April 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. Date of introduction

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

43857/16

05/09/2016

Petrea ŢÂMPU

1962

24/01/2017

01/07/2020

15/07/2020

Letter signed by the Tulcea Prison’s representative

28/09/2020

Letter sent to the applicant’s ID address signed by the applicant’s daughter

12/08/2020

In detention at Tulcea Prison

46790/16

06/12/2016

Bogdan-Cezar GÎLCĂ

1985

Laura Buzduga

Bucharest

03/08/2020

14/09/2020

28/09/2020

Signed by the applicant’s representative

26/10/2020

05/01/2020

55886/16

12/10/2016

Ioan JUDESCU

1973

18/11/2016

25/06/2020

06/07/2020

Letter delivered to the recipient (as results from documents extracted from the post office website)

30/09/2020

Letter sent to the applicant’s ID address signed. Signature illegible

06/08/2020

In detention at Miercurea Ciuc Prison

56498/16

09/11/2016

Cristian-Petrișor MANGU

1988

03/01/2017

23/09/2020

28/09/2020

Letter delivered to the recipient (as results from documents extracted from the post office website)

04/11/2020

13/02/2018