Petrescu and Others v. Romania
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 38647/16 Relu-Thomas-Tudor PETRESCU against Romania and 10 other applications
(see appended table)
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 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 were received by the applicants, or were returned to the Court (see details in the appended table). 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 16 November 2023.
{signature_p_2}
Viktoriya Maradudina Faris Vehabović 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 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 return of
the registered letter
38647/16
19/07/2016
Relu ‑ Thomas ‑ Tudor
PETRESCU
1982
19/10/2022
09/02/2023
09/03/2023
12/05/2023
16/06/2023
Letter returned to the Court
as “unclaimed”
43421/16
22/08/2016
Victor MUTI
1984
05/08/2022
09/02/2023
09/03/2023
12/05/2023
22/05/2023
Received by the applicant
45974/16
03/11/2016
Dumitru ‑ Daniel ONICĂ
1984
19/11/2020
09/02/2023
09/03/2023
12/05/2023
18/05/2023
Illegible signature
47341/16
01/09/2016
George ‑ Ionuţ BADEA
1985
20/07/2022
09/02/2023
09/03/2023
12/05/2023
22/05/2023
Signed by the applicant’s
relatives
47433/16
07/09/2016
Florin CIOTICĂ
1982
13/07/2021
07/02/2023
07/03/2023
12/05/2023
Handed over on 23/05/2023
(according to information
on the website of the
Romanian Post)
52309/16
12/12/2016
Vasile BALAŞCA
1969
18/11/2020
09/02/2023
09/03/2023
12/05/2023
23/05/2023
Signed by the prison
representative
58447/16
31/10/2016
Constantin CORLĂŢEANU
1980
30/05/2022
07/02/2023
07/03/2023
12/05/2023
23/05/2023
Illegible signature
64335/16
20/12/2016
Ionuţ ‑ Dumitru AROTĂRIŢEI
1986
Andreea ‑ Gabriela Cadar
Galaţi
08/12/2020
05/10/2022
02/11/2022
07/06/2023
13/06/2023
Signed by the applicant’s representative
66762/16
31/01/2017
Florin FLOREA
1967
13/02/2021
17/10/2022
14/11/2022
01/06/2023
13/06/2023
Signed by the applicant’s
relatives
73469/16
10/01/2017
Cristian ‑ Brînduş ANDRIOAIE
1980
05/08/2021
09/02/2023
09/03/2023
12/05/2023
23/05/2023
Illegible signature
13210/17
23/03/2017
Ion IONIŢĂ
1978
18/01/2023
09/02/2023
09/03/2023
12/05/2023
23/05/2023
Illegible signature