Drăgan and Others v. Romania
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 40227/16 Marius DRĂGAN against Romania and 12 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 15 June 2023 as a Committee composed of:
Tim Eicke , President , Branko Lubarda, 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 (see the appended table for the relevant dates). 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.
The registered letters either returned to the Court or were received by the applicants (see details in the appended table). No reply to the letters has been received by the Court 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 6 July 2023.
{signature_p_2}
Viktoriya Maradudina Tim Eicke Acting Deputy Registrar President
APPENDIX
Application 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 sending Government’s observations to the applicant
Time-limit for submission of response by the applicant
Date of the Court’s registered letter
Date of receipt/return of the registered letter
40227/16
28/07/2016
Marius DRĂGAN
1988
27/06/2022
28/07/2022
25/08/2022
30/01/2023
09/02/2023
(delivered)
46401/16
01/09/2016
Daniel ROMANCIUC
1969
06/07/2022
05/10/2022
02/11/2022
30/01/2023
10/02/2023
(delivered)
52934/16
26/09/2016
Florea CARAGEA
1948
22/03/2022
28/07/2022
25/08/2022
16/03/2023
22/03/2023
(delivered)
54378/16
19/12/2016
Csaba ‑ Attila GEREBENES
1983
15/11/2021
19/07/2022
30/08/2022
03/10/2022
11/10/2022
(delivered)
75798/16
28/02/2017
Matei GABOR
1989
Giliola Axinte
Bucharest
20/11/2020
14/09/2022
12/10/2022
30/01/2023
30/01/2023
(eComms)
75867/16
16/01/2017
Adrian-Claudiu PERCA
1990
31/08/2020
14/09/2022
12/10/2022
30/01/2023
20/02/2022
(returned)
79476/16
31/03/2017
Petrică-Dan VELICU
1994
Ionela Mărgărit
Bucharest
19/01/2022
14/09/2022
12/10/2022
30/01/2023
30/01/2023
(eComms)
1948/17
31/01/2017
Tomiţă DRAGOMIR
1975
27/04/2021
28/07/2022
25/08/2022
10/11/2022
22/11/2022
(returned)
11194/17
17/07/2017
Vasile BELENCO
1981
Ghiulfer ‑ Aisun Ismail
Constanța
04/07/2022
27/09/2022
08/11/2022
23/01/2023
01/02/2023
(delivered)
23608/17
20/03/2017
Vasile MUNTEAN
1982
Vasile Rareş Biro
Satu Mare
17/09/2022
05/10/2022
02/11/2022
30/01/2023
03/02/2023
(eComms)
26005/17
08/05/2017
Ion-Alexandru BRUMARU
1990
21/06/2021
14/09/2022
12/10/2022
30/01/2023
10/02/2022
(returned)
76636/17
30/03/2018
Marcel CIUŞTEA
1977
Ionuţ ‑ Florin Crâşmaru
Iași
09/03/2022
05/10/2022
02/11/2022
30/01/2023
31/01/2023
(eComms)
21102/18
23/04/2018
Cătălin ‑ Dumitru ZEBRENIUC
1981
Ancuţa Duţuc
Suceava
11/03/2022
05/10/2022
02/11/2022
30/01/2023
31/01/2023
(eComms)