Sali v. Romania

FOURTH SECTION

Application no. 46719/17 Duran SALI against Romania

The European Court of Human Rights (Fourth Section), sitting on 12 October 2023 as a Committee composed of:

Faris Vehabović , President , Anja Seibert-Fohr, Anne Louise Bormann , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 13 October 2017,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Duran Sali, was born in 1965.

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 12 August 2022 the registered letter sent following the communication of the case returned to the Court with the mention: “recipient deceased”.

On 12 May 2023 the Registry sent a registered letter to the applicant’s address asking whether there were any heirs who wished to pursue the proceedings before the Court. On 23 August 2023 the registered letter returned to the Court with the mention: “recipient deceased”.

THE LAW

It has been the Court’s practice to strike applications out of the list of cases under Article 37 § 1 of the Convention in the absence of any heir or close relative who has expressed the wish to pursue an application (see Léger v. France (striking out) [GC], no. 19324/02, § 44, 30 March 2009, with further references). Turning to the circumstances of the present case, the Court notes that it transpires from the registered letter returned to the Court that the applicant died, and no heirs or close relatives have expressed the wish to pursue the application on his behalf.

As the Court finds no special circumstances regarding respect for human rights which require the continued examination of the case, it considers it appropriate to strike the application out of its list of cases under Article 37§ 1 (c) of the Convention.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 16 November 2023.

Viktoriya Maradudina Faris Vehabović Acting Deputy Registrar President