Constantin v. Romania

FOURTH SECTION

Application no. 55775/19 Marian CONSTANTIN against Romania

The European Court of Human Rights (Fourth Section), sitting on 23 November 2023 as a Committee composed of:

Faris Vehabović , President , Anja Seibert-Fohr, Anne Louise Bormann , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 17 December 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Marian Constantin, was born in 1970.

The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”).

On 27 January 2023 a letter sent by the Registry to the applicant’s attention was returned by the post on the grounds that it could not be delivered because the applicant had died.

On 11 April 2023 the Registry sent a letter, by registered post, to the applicant’s home address, asking whether there was any potential heir wishing to pursue the proceedings before the Court. That letter was handed over to one of the applicant’s relatives on 24 April 2023. No potential heir contacted the Court.

THE LAW

In the light of the foregoing, the Court concludes that the applicant’s heirs do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 14 December 2023.

Viktoriya Maradudina Faris Vehabović Acting Deputy Registrar President