lagen.nu
no. 34781/17

Al Dulaimi and Others v. Romania

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2024-05-16
ECLI
ECLI:CE:ECHR:2024:0516DEC003478117
Artiklar
3, 37, 37-1
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FOURTH SECTION

Application no. 34781/17 Loay Ali Asae AL DULAIMI against Romania and 25 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 16 May 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 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 6 June 2024.

Viktoriya Maradudina Branko Lubarda 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 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

34781/17

09/05/2017

Loay Ali Asae AL DULAIMI

1975

Daniela Zaharia Mănescu

Bucharest

21/09/2023

02/11/2023

11/12/2023

06/02/2024

40702/17

27/05/2017

Laurențiu-Marius DUMITRU

1973

21/09/2023

02/11/2023

11/12/2023

Returned to sender on 09/01/2024

(according to the Romanian Post Tracking System)

514/18

12/12/2017

Gheorghiță BILHAN

1974

Andreea-Gabriela Cadar

Galati

21/09/2023

02/11/2023

11/12/2023

26/12/2023

18874/20

06/04/2020

Constantin-Aurelian TUDOR

1975

08/09/2023

20/10/2023

29/11/2023

Returned as ‘moved’ on 19/01/2024

21442/20

16/07/2020

Răzvan BUȚERCHI

1982

08/09/2023

20/10/2023

29/11/2023

Returned as ‘moved’ on 19/01/2024

21711/20

31/07/2020

Marian CORNEANU

1963

08/09/2023

20/10/2023

29/11/2023

Returned as ‘moved’ on 19/01/2024

30667/20

28/08/2020

Benoni PĂVĂLOAIE

1977

08/09/2023

20/10/2023

29/11/2023

Returned as ‘moved’ on 19/01/2024

30747/20

12/10/2020

Mioara PAȚACHIA

1975

08/09/2023

20/10/2023

29/11/2023

19/01/2024

45714/20

27/11/2020

Nicolae-Valentin ANDREI

1982

12/09/2023

24/10/2023

05/12/2023

Returned as ‘moved’ on

01/02/2024

46833/20

10/11/2020

Ciprian VARGA

1981

12/09/2023

24/10/2023

05/12/2023

01/02/2024

53602/20

12/01/2021

Marian ADAM

1981

12/09/2023

24/10/2023

05/12/2023

Returned as ‘moved’ on

01/02/2024

1932/21

26/01/2021

Marcel-Daniel RIZEA

1973

07/09/2023

19/10/2023

20/11/2023

Handed over on

28/11/2023

(according to the Romanian Post Tracking System)

2858/21

27/01/2021

Cosmin DUMITRACHE

1994

07/09/2023

19/10/2023

20/11/2023

Handed over on

04/12/2023

(according to the Romanian Post Tracking System)

4430/21

10/02/2021

Alin-Nicolae GRIGORE

1980

15/09/2023

27/10/2023

07/12/2023

26/02/2024

8574/21

25/01/2021

Florin CHIRIAC

1987

15/09/2023

27/10/2023

07/12/2023

28/12/2023

8638/21

05/03/2021

Emanuel LUCA

1994

15/09/2023

27/10/2023

07/12/2023

Returned as ‘moved’ on

26/02/2024

13019/21

22/09/2021

Dumitru TRIFAN

1988

07/09/2023

19/10/2023

23/11/2023

12/01/2024

41415/21

08/09/2021

Adrian PĂDURE

1979

13/09/2023

25/10/2023

06/12/2023

27/12/2023

41540/21

01/11/2021

Mirel TĂBĂCARU

1982

13/09/2023

25/10/2023

06/12/2023

Returned as ‘moved’ on

01/02/2024

45086/21

01/10/2021

Ionuț COSTACHE

1990

13/09/2023

25/10/2023

06/12/2023

11/01/2024

45516/21

07/01/2022

Valentin DUMITRU

1982

13/09/2023

25/10/2023

06/12/2023

04/01/2024

46905/21

23/10/2021

Ionuţ-Laurenţiu MIHAI

1983

13/09/2023

25/10/2023

06/12/2023

Handed over on

10/01/2024

(according to the Romanian Post Tracking System)

47778/21

04/11/2021

Karoly KISS

1973

13/09/2023

25/10/2023

06/12/2023

Handed over on

28/12/2023

(according to the Romanian Post Tracking System)

48863/21

16/09/2021

Răzvan-Ion CIOLACU

1998

13/09/2023

25/10/2023

06/12/2023

Handed over on 27/12/2023

(according to the Romanian Post Tracking System)

50743/21

02/11/2021

Alin Dorin CHIFOR

1996

13/09/2023

25/10/2023

06/12/2023

Handed over on 03/01/2024

(according to the Romanian Post Tracking System)

55723/21

18/03/2022

Lilian SIMION

1987

21/09/2023

02/11/2023

11/12/2023

27/12/2023