Viaşu and Others v. Romania

FOURTH SECTION

Application no. 46381/16 Valentin VIAŞU against Romania and 18 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 14 December 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. The registered letters either were received by the applicants or were returned to 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 18 January 2024.

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

Representative’s name and location

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

46381/16

03/08/2016

Valentin VIAŞU

1992

Daniel Curelariu

Caransebes

14/06/2021

30/05/2023

11/07/2023

25/08/2023

11/09/2023

78980/16

12/12/2016

Săndel POPOVICI

1975

Valentin Ovidiu Ardelean

Arad

18/05/2021

23/01/2023

06/03/2023

19/06/2023

Returned as “unclaimed” on 10/07/2023

8265/18

30/01/2018

Toader BOGEAN

1971

14/02/2023

28/03/2023

09/05/2023

16/08/2023

01/09/2023

36557/20

07/10/2020

Adrian-Liviu AVRAM

1996

15/12/2020

17/05/2023

28/06/2023

25/08/2023

05/09/2023

38300/20

24/11/2020

Măndiţă OPREA

1990

22/02/2021

17/05/2023

28/06/2023

25/08/2023

06/09/2023

38506/20

15/09/2020

Viorel MITRACHE

1970

16/11/2020

17/05/2023

28/06/2023

25/08/2023

05/09/2023

38580/20

16/12/2020

Mihai-Marius PRICOPOAIA

1987

05/01/2021

17/05/2023

28/06/2023

25/08/2023

Returned as “recipient moved from address” on 06/09/2023

38861/20

23/09/2020

Ion TEICU

1972

06/01/2021

17/05/2023

28/06/2023

25/08/2023

04/09/2023

39541/20

22/10/2020

Armănuţ LINGURAR

1992

03/02/2021

08/06/2023

20/06/2023

25/09/2023

03/10/2023

40709/20

27/11/2020

Daniel-Cornel MILOŞ

1995

28/02/2023

17/05/2023

28/06/2023

25/08/2023

08/09/2023

42087/20

19/11/2020

Nicolae PĂULEŢU

1957

08/03/2023

17/05/2023

28/06/2023

25/08/2023

Returned as “unclaimed” on 11/09/2023

45691/20

12/11/2020

Valer-Tiberiu VĂSĂLAGĂ

1990

21/11/2022

17/05/2023

28/06/2023

25/08/2023

Returned as “unclaimed” on 06/11/2023

46897/20

12/11/2020

Liviu-Cristinel MARICA

1970

26/01/2023

17/05/2023

28/06/2023

25/08/2023

Returned as “unclaimed” on 14/09/2023

46944/20

17/11/2020

Andrei-Ionuţ MOSCALU

1995

17/11/2020

17/05/2023

28/06/2023

25/08/2023

Returned as “refused by recipient” on 07/09/2023

47847/20

19/11/2020

Vasile GUŢĂ

1986

03/08/2023

17/05/2023

28/06/2023

22/08/2023

06/09/2023

48518/20

06/01/2021

Ionuţ TOMOIAGĂ

1980

14/01/2022

08/06/2023

20/07/2023

15/09/2023

28/09/2023

51905/20

16/12/2020

Ionel-Sandocan DURSAN

1979

20/01/2023

31/05/2023

12/07/2023

25/08/2023

01/09/2023

54704/20

15/01/2021

Sorin-Ioan MARIN

1974

26/01/2021

31/05/2023

12/07/2023

25/08/2023

04/09/2023

55725/20

04/12/2020

Gabi LEONTE

1987

09/02/2021

08/06/2023

20/07/2023

16/08/2023

01/09/2023