Mihalcea and Others v. Romania
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 52255/16 Maricica MIHALCEA
against Romania and 6 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 8 April 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 applicants were released from prison 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 29 April 2021.
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
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
New time-limit for submission of observations by the applicant
Date of the applicant’s release from prison
52255/16
26/09/2016
Maricica MIHALCEA
1968
18/11/2016
19/10/2020
03/11/2020
Handed over to the recipient
(according to information on the website of the Romanian Post)
27/11/2020
24/01/2018
53104/16
28/09/2016
Florian-Ionel BĂLĂCEANU
1988
07/03/2017
19/10/2020
26/10/2020
Signed for receipt by the applicant’s sister
27/11/2020
08/11/2017
53294/16
18/10/2016
Ioan CÎRMACIU
1966
19/12/2019
19/10/2020
27/10/2020
Signed for receipt by the applicant
27/11/2020
05/11/2019
58050/16
07/12/2016
Emil NICOLA
1948
15/12/2016
19/10/2020
27/10/2020
Signed for receipt by the applicant’s mother
27/11/2020
16/05/2017
58054/16
26/09/2016
Doru-Vasile GLONȚ
1970
Ioana Popescu
Piteşti
06/10/2016
19/10/2020
27/10/2020
Illegible signature
27/11/2020
29/01/2019
59114/16
16/12/2016
Cristian ROTH
1989
05/01/2017
19/10/2020
27/10/2020
Illegible signature
27/11/2020
29/11/2017
9846/17
13/03/2017
Daniel MIHAI
1976
20/03/2017
19/10/2020
30/10/2020
Signed for receipt by the applicant’s daughter
27/11/2020
06/02/2018