Ștefan and Nicolae v. Romania

FOURTH SECTION

Applications nos. 55294/21 and 60481/21 Jean ȘTEFAN against Romania

and Nicolae-Stelian NICOLAE against Romania

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 15 February 2024 as a Committee composed of:

Anja Seibert-Fohr , President , Anne Louise Bormann, Sebastian Răduleţu , 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 14 March 2024.

Viktoriya Maradudina Anja Seibert-Fohr 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

55294/21

23/05/2022

Jean ȘTEFAN

1979

18/07/2022

16/08/2023

27/09/2023

08/11/2023

29/11/2023

Signed by the Tulcea Prison representative

60481/21

24/05/2022

Nicolae-Stelian NICOLAE

1973

Aurora Țili

Alba-Iulia-Barabant

05/07/2023

16/08/2023

27/09/2023

08/11/2023

20/11/2023

Illegible signature