Cristea and Varga v. Romania

FOURTH SECTION

Application no. 46486/16 George-Aurel CRISTEA against Romania and Fănel VARGA 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 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 (see the appended table for the relevant dates). 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). 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 14 December 2023.

Viktoriya Maradudina Faris Vehabović 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

Date of the

applicant’s

last letter to

the Court

Date of sending

Government’s

observations to

the applicant

Time-limit

for submission

of response

by the applicant

Date of the

Court’s

registered

letter

Date of receipt of the registered letter

Date of release

46486/16

02/09/2016

George-Aurel CRISTEA

1978

28/02/2022

23/01/2023

06/03/2023

19/06/2023

Handed over on 28/06/2023, according to information on the website of the Romanian Post

In detention in Rahova Prison, according to the applicant’s last letter and the Government’s observations of 20/12/2022

70547/16

14/12/2016

Fănel VARGA

1969

21/11/2022

23/01/2023

06/03/2023

19/06/2023

Handed over on 07/07/2023, according to information on the website of the Romanian Post

In detention in Bistrița Prison, according to the applicant’s last letter and the Government’s observations of 20/12/2022