Tudorache and Others v. Romania
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 1268/16 Ifim TUDORACHE against Romania and 9 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 18 February 2021 as a Committee composed of:
Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, 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. 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). All the applicants have been released from prison.
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 March 2021.
{signature_p_2}
Viktoriya Maradudina 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
Date of the
applicant’s last
letter to the Court
Date of the
Court’s
registered letter
Date and reason of
return of the
registered letter
New time-limit for submission
of observations by the applicant
Date of the
applicant’s
release from prison
1268/16
18/12/2015
Ifim TUDORACHE
1971
06/01/2016
14/10/2020
30/10/2020
Letter returned as “unclaimed”
25/11/2020
17/11/2017
27326/16
01/06/2016
Marius-Daniel TRUȚĂ
1974
21/03/2017
14/10/2020
30/10/2020
Letter returned as “unclaimed”
25/11/2020
21/02/2018
37549/16
22/08/2016
Cristian CIUCĂ
1989
03/10/2016
14/10/2020
23/10/2020
Letter returned as recipient “moved”
25/11/2020
07/03/2018
39246/16
03/08/2016
Nicolae DONCIU
1981
21/11/2016
12/10/2020
27/10/2020
Letter returned as recipient “moved”
23/11/2020
22/05/2018
61271/16
20/01/2017
Nicolae ANDREIAȘ
1985
31/01/2017
14/10/2020
06/11/2020
Letter returned as “unclaimed”
25/11/2020
04/12/2018
72759/16
02/03/2017
Mădălin-Cristian BUZNEAN
1988
08/03/2017
12/10/2020
13/11/2020
Letter returned as “unclaimed”
23/11/2020
18/02/2019
2348/17
27/02/2017
Robert-Iulian GHEORGHE
1985
06/03/2017
12/10/2020
13/11/2020
Letter returned as “unclaimed”
23/11/2020
23/11/2017
4612/17
15/12/2016
Ionuț-Radu BOȚOTEANU
1980
22/02/2017
12/10/2020
06/11/2020
Letter returned as “unclaimed”
23/11/2020
11/04/2018
12288/17
28/03/2017
Ionuț Gheorghe TITIRIGĂ
1992
06/08/2020
08/10/2020
22/10/2020
Letter returned as recipient “moved”
19/11/2020
25/12/2018
18035/17
15/05/2017
Gheorghe BUȚOI
1982
22/05/2017
13/11/2020
03/12/2020
Letter returned as recipient “moved”
08/01/2021
11/11/2018