Mocanu and Others v. Romania
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 33383/21 Petrachi MOCANU against Romania and 3 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 were received by the applicants (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 of the
registered letter
33383/21
19/07/2021
Petrachi MOCANU
1960
01/08/2022
22/01/2024
04/03/2024
15/04/2024
24/04/2024
Signed by prison representative
39271/21
09/02/2022
Vlad-Alexandru NICOLAE
1990
28/02/2022
22/01/2024
27/02/2024
04/03/2024
09/04/2024
08/04/2024
15/04/2024
Illegible signature
41370/21
29/12/2021
Iosif-Adrian SZABÓ
1977
13/01/2022
22/01/2024
04/03/2024
15/04/2024
20/05/2024
Illegible signature
45089/21
08/10/2021
Ion ALESU
1967
20/10/2021
22/01/2024
04/03/2024
15/04/2024
23/04/2024
Signed by the applicant’s wife