Șerban v. Romania

FOURTH SECTION

Applications nos. 1085/16 and 54634/16 Mihai-Viorel ȘERBAN against Romania

The European Court of Human Rights (Fourth Section), sitting on 29 August 2019 as a Committee composed of:

Stéphanie Mourou-Vikström, President, Georges Ravarani, Jolien Schukking, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged, respectively, on 7 March 2016 and 5 October 2016,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mihai-Viorel Șerban, was born in 1972.

In both applications, the applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”)

On 14 June 2019 the applicant informed the Registry that he wanted to withdraw the present applications since he benefitted from the domestic compensatory remedy provided by Law 169/2017.

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 applicant 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.

Accordingly, the cases should be struck 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 19 September 2019.

Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President