Varga and Others v. Romania

FOURTH SECTION

Application no. 56777/21 Mihai VARGA against Romania and 2 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 18 April 2024 as a Committee composed of:

Branko Lubarda , 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 8 § 1 of the Convention concerning the refusal of leave to prisoner for attending the funeral of close relatives were communicated to the Romanian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit his own observations. No reply was received to the Registry’s letter.

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 16 May 2024.

Viktoriya Maradudina Branko Lubarda Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 8 § 1 of the Convention

(refusal of leave to prisoner for attending funeral of close relatives)

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/return of the registered letter

56777/21

17/12/2021

Mihai VARGA

1974

14/09/2023

26/10/2023

07/12/2023

19/01/2024

30/01/2024

Signed by the applicant

58260/21

13/01/2022

Dănuț-Sorin CONSTANTIN

1992

18/01/2022

26/10/2023

07/12/2023

19/01/2024

Returned on 27/02/2024 as unclaimed

2482/22

22/02/2022

Marius-Ciprian BOBOC

1974

02/10/2023

26/10/2023

07/12/2023

19/01/2024

30/01/2024

Signed by the applicant