Leonte and Axinte v. Romania

FOURTH SECTION

Applications nos. 17859/16 and 26916/16 Florin LEONTE against Romania and Costică AXINTE against Romania

The European Court of Human Rights (Fourth Section), sitting on 23 November 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. 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) 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 14 December 2023.

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

Date of the

applicant’s last

letter to the Court

Date of sending

Government’s

observations to

the applicant

Time limit of

submission of

response by the

applicant

Date of the

Court’s

registered

letter

Date of receipt of the

registered letter

Date of the

applicant’s

release from

prison

17859/16

19/04/2016

Florin LEONTE

1963

26/01/2021

11/05/2021

22/06/2021

15/10/2021, and 28/11/2022 respectively

27/10/2021, and 12/12/2022 respectively

No information.

26916/16

27/06/2016

Costică AXINTE

1978

11/08/2016

19/06/2020, and 08/10/2020 respectively

31/07/2020, and 19/11/2020 respectively

02/03/2021

20/03/2021

20/09/2018