lagen.nu
no. 7011/20

Mihăiescu and Others v. Romania

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2024-10-03
ECLI
ECLI:CE:ECHR:2024:1003DEC000701120
Artiklar
3, 37, 37-1
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FOURTH SECTION

Application no. 7011/20 Florin MIHĂIESCU against Romania and 24 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 3 October 2024 as a Committee composed of:

Anne Louise Bormann , President , Sebastian Răduleţu, Mateja Đurović , 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 24 October 2024.

Viktoriya Maradudina Anne Louise Bormann 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

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

7011/20

28/04/2020

Florin MIHĂIESCU

1985

30/05/2022

23/10/2023

04/12/2023

29/02/2024

15/03/2024

Illegible signature

9909/20

16/10/2020

Traian ROSTAŞ

1991

16/10/2020

23/10/2023

04/12/2023

29/02/2024

12/03/2024

Illegible signature

19543/20

05/10/2020

Ionel-Cristi BRADEA

1990

09/08/2023

23/10/2023

04/12/2023

29/02/2024

06/03/2024

Signed for receipt by the Mărgineni prison’s authorities

21177/20

29/06/2020

Ionuț NEAGU

1990

28/10/2021

23/10/2023

04/12/2023

29/02/2024

Returned to sender on 22/05/2024 as “moved from address”

29250/20

19/10/2020

Tiberiu LACATOS

1994

21/03/2023

23/10/2023

04/12/2023

29/02/2024

08/03/2024

Illegible signature

33620/20

02/10/2020

Ruben VOICAN

1984

02/10/2020

23/10/2023

04/12/2023

29/02/2024

12/03/2024

Signed for receipt by the applicant

20988/21

27/09/2021

Vasile PALĂU

1982

18/10/2023

06/05/2024

29/09/2023

10/11/2023

22/05/2024

Illegible signature

34064/21

28/07/2021

Valentin-Tudor SABADÎŞ

1992

08/09/2021

03/05/2024

29/09/2023

10/11/2023

06/06/2024

Returned to sender on 22/05/2024 as “moved abroad”

34072/21

02/08/2021

Vasile BORZOS

1982

02/05/2023

29/09/2023

10/11/2023

07/12/2023

07/05/2024

Returned to sender on 26/02/2024 as “recipient released”;

17/05/2024

Signed for receipt by the applicant

37531/21

17/08/2021

Gelu TODIROAEI

1956

27/09/2023

09/11/2023

21/12/2023

11/04/2024

19/04/2024

Signed for receipt by the applicant

37817/21

18/08/2021

Radu-Cătălin VASILESCU

1978

18/08/2021

09/11/2023

21/12/2023

11/04/2024

Returned to sender on 07/05/2024 as “unknown”

38840/21

29/11/2021

Grigore-Cătălin ROMANESCU

1992

03/01/2022

09/11/2023

21/12/2023

11/04/2024

Returned to sender on 07/05/2024 as “recipient released”

39321/21

07/02/2022

Claudiu BUȘĂ

1982

07/02/2022

09/11/2023

21/12/2023

11/04/2024

18/04/2024

Illegible signature

41387/21

14/09/2021

Bogdan CHIRIAC

1982

14/09/2021

09/11/2023

21/12/2023

11/04/2024

Returned to sender on 07/05/2024 as “unknown”

41500/21

21/10/2021

Costel CONSTANTIN

1974

21/10/2021

09/11/2023

21/12/2023

11/04/2024

19/04/2024

Signed for receipt by the applicant’s wife

41760/21

08/10/2021

Constantin ALBĂLII

1969

08/10/2021

09/11/2023

21/12/2023

11/04/2024

19/04/2024

Signed for receipt by the applicant

44044/21

04/10/2021

Ilie-Marin CRĂCIUN

1978

04/10/2021

22/01/2024

04/03/2024

22/03/2024

Returned to sender on 12/04/2024 as “moved from address”

44289/21

25/08/2021

Viorel REBEGILĂ

1960

25/08/2021

09/11/2023

21/12/2023

11/04/2024

23/04/2024

Signed for receipt by the applicant’s wife

45105/21

10/01/2022

Valeriu Constantin AZAMFIREI

1989

21/03/2023

09/11/2023

21/12/2023

11/04/2024

18/04/2024

Illegible signature

49749/21

20/12/2021

Gheorghe PINTEA

1964

10/01/2022

09/11/2023

21/12/2023

26/04/2024

Returned to sender on 07/06/2024 as “unclaimed”

51474/21

01/03/2022

Mădălin IEPURE

1981

23/05/2022

09/11/2023

21/12/2023

26/04/2024

08/05/2024

Signed for receipt by the applicant

59588/21

30/12/2021

Eugen CĂCIULARU

1980

09/02/2022

09/11/2023

21/12/2023

26/04/2024

08/05/2024

Signed for receipt by the applicant

59595/21

28/04/2022

Ciprian MARIAŞ

1976

07/06/2022

09/11/2023

21/12/2023

26/04/2024

10/05/2024

Signed for receipt by the applicant

61183/21

17/01/2022

Marius URSACHE

1970

11/04/2022

09/11/2023

21/12/2023

26/04/2024

08/05/2024

Illegible signature

61217/21

21/01/2022

Mihaela PETREA

1972

21/06/2022

09/11/2023

21/12/2023

26/04/2024

17/05/2024

Illegible signature