Tănase and Others v. Romania
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 73388/17 Cosmos TĂNASE against Romania and 10 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/return of the registered letter
Date of release
73388/17
05/10/2017
Cosmos TĂNASE
1973
Ciprian Olimpiu Mitoşeriu
Iasi
02/08/2021
21/03/2022
02/05/2022
08/09/2022
20/09/2022
Signed for receipt
by the representative
05/04/2017
16893/20
22/06/2020
Cătălin BURCIU
1982
28/08/2020
28/07/2023
08/09/2023
22/09/2023
03/10/2023
Signed for receipt
by the applicant
01/09/2020
18819/20
17/09/2020
Nicu FERARU
1984
16/10/2020
23/03/2023
04/05/2023
22/05/2023
30/05/2023
Illegible signature
16/03/2022
25829/20
08/08/2020
Laurențiu ZAMFIR
1969
30/03/2021
23/03/2023
04/05/2023
22/05/2023
24/07/2023
Returned to sender as
“unclaimed”
23/09/2021
35567/20
21/09/2020
Cristian ADAR
1969
19/11/2020
23/03/2023
04/05/2023
22/05/2023
30/05/2023
Illegible signature
20/12/2022
36089/20
17/09/2020
Florin STELEA
1984
25/11/2020
23/03/2023
04/05/2023
22/05/2023
30/05/2023
Signed for receipt
by the applicant’s sister
18/03/2020
38500/20
09/11/2020
Iulian GHEORGHE
1991
25/01/2021
23/03/2023
04/05/2023
22/05/2023
30/05/2023
Signed for receipt
by a relative
05/05/2021
39641/20
13/10/2020
Viorel-Marian IBĂNESCU
1975
15/10/2021
23/03/2023
04/05/2023
22/05/2023
24/07/2023
Returned to sender as
“unclaimed”
23/08/2022
46494/20
10/12/2020
Călin ZAPAN
1975
22/02/2021
28/07/2023
08/09/2023
22/09/2023
Handed over on 13/10/2023,
according to information on the website of the Romanian Post
48506/20
02/12/2020
Dan MUSTAȚĂ
1977
11/12/2020
28/07/2023
08/09/2023
22/09/2023
03/10/2023
Signed for receipt
by the București-Jilava Prison representative
In detention
in București-Jilava Prison
15559/21
28/04/2021
Petru CISMARIU
1975
10/05/2021
28/07/2023
08/09/2023
22/09/2023
02/10/2023
Illegible signature
09/09/2021