BOBOC A OSTATNÍ proti Rumunsku

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Datum rozhodnutí

17.12.2020

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Číslo stížnosti / sp. zn.

28466/16

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FOURTH SECTION

DECISION

Application no. 28466/16
Gheorghe BOBOC against Romania
and 20 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 17 December 2020 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 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. 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 21 January 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. Date of introduction	Applicant’s name Year of birth	Representative’s name and location	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
	28466/16 22/06/2016	Gheorghe BOBOC 1957		02/02/2017	22/09/2020	Returned to the Court on 21/10/2020 as “recipient released on 21/12/2017”	03/11/2020	21/12/2017
	32649/16 03/06/2016	Levente-Lajos PONGRACZ 1980	Narcis-Dacian Mircea Sebis	11/06/2016	07/08/2020	18/08/2020 Illegible signature	18/09/2020	10/12/2019
	41056/16 11/07/2016	Andrei-Robert MOLDOVAN 1988		11/07/2016	03/08/2020	02/09/2020 Signed by the applicant’s father	14/09/2020	19/11/2018
	41918/16 12/09/2016	Valentin SIHARU 1990		12/09/2016	22/09/2020	Returned to the Court on 29/09//2020 as “recipient released on 22/04/2020”	03/11/2020	22/04/2020
	45116/16 07/10/2016	Marius-Ion GUNEA 1986	Iolanda Avram Rupea	03/04/2017	16/07/2020	16/08/2020 Signed by the applicant’s representative	27/08/2020	In detention at Codlea Prison
	45474/16 22/07/2016	Constantin Mihai BEREȘ 1975		25/04/2018	07/08/2020	28/08/2020 Signed by the applicant’s aunt	18/09/2020	22/07/2019
	46105/16 28/10/2016	Anton GIURGIUCULESI 1970		28/10/2016	07/08/2020	24/08/2020 Handed over to the recipient according to information on the official website of the Romanian Postal Service	18/09/2020	In detention at Aiud Prison
	46476/16 23/08/2016	Gheorghe ZĂLOAGĂ 1964		21/11/2016	07/08/2020	20/08/2020 Signed by the applicant’s mother	18/09/2020	31/03/2018
	46607/16 05/09/2016	Dumitru-Daniel COSMA 1979		17/01/2020	07/08/2020	18/08/2020 Illegible signature	18/09/2020	In detention at Brăila Prison
	46616/16 24/10/2016	Adrian CHIȘ 1987		21/11/2017	07/08/2020	26/08/2020 Illegible signature	18/09/2020	17/07/2018
	46647/16 12/09/2016	Gheorghe MIRCA 1982		12/09/2016	07/08/2020	21/08/2020 Signed by the applicant’s sister	18/09/2020	05/04/2019
	47324/16 08/11/2016	Gheorghe-Daniel COSTIN 1987		08/11/2016	07/08/2020	25/08/2020 Illegible signature	18/09/2020	13/03/2018
	51030/16 04/11/2016	Vasile BARNA 1948		06/04/2018	07/08/2020	18/08/2020 Signed by the Arad Prison’s representative	18/09/2020	In detention at Arad Prison
	51135/16 17/08/2016	Vasile GĂINĂ 1976		21/11/2016	07/08/2020	17/08/2020 Illegible signature	18/09/2020	31/10/2016
	51510/16 22/11/2016	Silviu HOHOLEA 1981		22/11/2016	07/08/2020	17/08/2020 Signed by the applicant’s brother	18/09/2020	21/06/2018
	53099/16 26/09/2016	George-Ionuț CIOLPAN 1982		26/09/2016	07/08/2020	Letter sent to the home address provided by the applicant returned as “insufficient address” on 17/08/2020	18/09/2020	20/10/2018
	53347/16 28/09/2016	Petrea-Gabriel VENIN 1980		20/09/2017	07/08/2020	17/08/2020 Handed over to the recipient according to information on the official website of the Romanian Postal Service	18/09/2020	08/05/2018
	53481/16 26/10/2016	Costache STOICIU 1966		26/10/2016	07/08/2020	20/08/2020 Illegible signature	18/09/2020	28/12/2017
	53617/16 13/10/2016	Tiberius LĂCĂTUȘ 1992		13/10/2016	07/08/2020	19/08/2020 Signed by the Arad Prison’s representative	18/09/2020	In detention at Arad Prison
	54282/16 17/10/2016	Liviu LUPȘA 1976		17/10/2016	22/09/2020	Returned to the Court from the home address as “recipient moved” on 02/10/2020	03/11/2020	02/04/2019
	60973/16 07/11/2016	Dănuț TUDOR 1972		07/11/2016	22/09/2020	Returned to the Court from the home address as “recipient moved” on 29/09/2020	03/11/2020	08/01/2018