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FOURTH SECTION
DECISION
Application no. 31174/16
Gheorghe MITRAN against Romania
and 14 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 21 January 2021 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Liv Tigerstedt, 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 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. 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 (see details in the appended table) and 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 11 February 2021.
{signature_p_2}
Liv Tigerstedt Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No. | Application no. | Applicant’s name Year of birth | Date of the applicant’s last letter to the Court | Date of the Court’s registered letter | Date of receipt of the registered letter | Time-limit for submission of observations by the applicant | Date of the applicant’s release from prison |
31174/16 27/06/2016 | Gheorghe MITRAN 1979 | 10/10/2016 | 19/08/2020 | 26/08/2020 Signed by the applicant’s brother | 30/09/2020 | Released on 10/02/2018 | |
32835/16 26/10/2016 | Radu-Daniel POPOAEA 1983 | 02/03/2017 | 20/07/2020 | 10/08/2020 Signed by the applicant’s mother | 31/08/2020 | 16/01/2019 | |
35181/16 18/07/2016 | Viorel-Auraş RUSE 1989 | 23/11/2016 | 20/07/2020 | 20/08/2020 Illegible signature | 31/08/2020 | 31/01/2018 | |
36676/16 09/08/2016 | Ionuț-Florin STAN 1992 | 07/10/2019 | 20/07/2020 | 02/09/2020 Letter returned as recipient “unknown” | 31/08/2020 | In detention in Ploiești Prison | |
36752/16 27/07/2016 | Géza BENKE 1982 | 04/10/2016 | 20/07/2020 | 14/08/2020 Letter returned as “unclaimed” | 31/08/2020 | 17/07/2019 | |
37146/16 21/07/2016 | Liviu-Ionuț MURARIU 1985 | 27/07/2016 | 20/07/2020 | 10/08/2020 Illegible signature | 31/08/2020 | 22/05/2018 | |
37561/16 16/08/2016 | Cătălin-Ionuț DUMITRESCU 1981 | 01/03/2018 | 16/09/2020 | 24/09/2020 Signed by M.G. – a relative | 28/10/2020 | In detention in Ploiești Prison | |
39951/16 18/08/2016 | Costel TOLEA 1978 | 19/04/2017 | 16/09/2020 | 29/09/2020 Letter returned as “unclaimed” | 28/10/2020 | 22/05/2018 | |
40054/16 26/07/2016 | Gheorghe MIU 1990 | 14/01/2020 | 20/07/2020 | 06/08/2020 Signed by the applicant | 31/08/2020 | In detention in Focșani Prison | |
43829/16 05/09/2016 | Valentin CONSTANTIN 1981 | 14/09/2020 | 17/09/2020 | Handed over to the recipient on 24/09/2020 (according to information on the website of the Romanian Post) | 29/10/2020 | Release date unknown | |
51225/16 31/01/2017 | Ilie GHEORGHE 1973 | 06/02/2017 | 19/08/2020 | 10/09/2020 Illegible signature | 30/09/2020 | In detention in Giurgiu Prison | |
51488/16 26/09/2016 | Florin MUNTEANU 1989 | 30/09/2016 | 19/08/2020 | 26/08/2020 Signed by Brăila Prison representative | 30/09/2020 | In detention in Brăila Prison | |
61846/16 18/11/2016 | Constantin LAPA 1955 | 23/11/2016 | 19/08/2020 | Handed over to the recipient on 26/08/2020 (according to information on the website of the Romanian Post) | 30/09/2020 | In detention in Vaslui Prison | |
61950/16 02/03/2017 | Stan OANCEA 1973 | 08/03/2017 | 19/08/2020 | Handed over to the recipient on 25/08/2020 (according to information on the website of the Romanian Post) | 30/09/2020 | 16/01/2018 | |
67233/16 13/01/2017 | Eugen PREDA 1976 | 19/01/2017 | 24/09/2020 | 28/10/2020 Letter returned as “unclaimed” | 05/11/2020 | 21/11/2017 |