Lucan and Others v. Romania

FOURTH SECTION

Application no. 36743/16 Dănuț LUCAN against Romania and 7 other applications

(see appended table)

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 (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). 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

for

submission

of response

by the

applicant

Date of the

Court’s

registered

letter

Date of receipt / return of the

registered letter

Date of release

36743/16

05/12/2016

Dănuț LUCAN

1975

12/04/2022

05/05/2023

16/06/2023

18/08/2023

09/10/2023

Returned as “unclaimed”

-

14195/17

17/05/2017

Romulus-Gabriel DOCHIȚA

1975

04/05/2021

21/09/2022

02/11/2022

26/04/2023

28/07/2023

19/06/2023

Returned as “unknown”

05/09/2023

Returned as “unknown”

12/09/2018

24130/17

20/03/2017

Ilie LUȚU

1973

13/01/2021

21/11/2022

09/01/2023

27/01/2023

29/03/2023

22/03/2023

Returned as “unknown”

12/04/2023

Illegible signature

17/11/2022

15722/20

20/06/2020

Alexandru-Andrei MATEI

1991

31/05/2022

23/03/2023

04/05/2023

22/05/2023

31/05/2023

Signed by the applicant

-

37829/20

23/09/2020

Almos GERGELY

1987

02/05/2022

23/03/2023

04/05/2023

22/05/2023

01/08/2023

24/07/2023

Returned as “applicant released”

09/08/2023

Signed by the applicant

No information concerning the release date

38496/20

02/11/2020

Albert SZABO

1972

05/01/2021

23/03/2023

04/05/2023

22/05/2023

28/07/2023

07/06/2023

Illegible signature

16/08/2023

Signed by the applicant’s wife

02/06/2021

39230/20

07/10/2020

Mihai-Aron SCHWARTZ

1987

08/12/2020

23/03/2023

04/05/2023

22/05/2023

30/05/2023

Illegible signature

16/09/2022

39231/20

08/10/2020

Neculai ŞTEFAN

1989

21/02/2022

23/03/2023

04/05/2023

22/05/2023

31/05/2023

Signed by prison representative

-