Murdeală and Others v. Romania

FOURTH SECTION

Application no. 45056/16 Nicolae MURDEALĂ against Romania and 5 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 (see the appended table for the relevant dates), the friendly settlement procedure being set in motion through the offices of the Registrar upon communication. As no reply was received by the Court from the applicants within the provided deadline, the Government submitted unilateral declarations with a view to resolving the issues raised by these complaints. Still no reply was received by the Court from the applicants within the newly provided deadline.

By letters sent by registered post, the applicants were notified that the Court received no response within the time allowed for the submission of their response and that they were provided with a new deadline for responding (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 it.

The registered letters were received at the address indicated by the applicants or returned to the Court (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 the change of address. All the applicants have been released from prison several years before the date of this decision, and the most recent correspondence from them dates back several years as well (see the appended table for the relevant dates).

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, in the absence of any correspondence from the applicants for several years and considering that, following the communication of the applications to the Government, no reply was received from the applicants, 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

the Government’s

submissions to

the applicant

Time-limit

for submitting

response by

the applicant

Date of the Court’s

registered

letter

Date of receipt/return

of the registered letter

Date of the

applicant’s

release from prison

45056/16

20/10/2016

Nicolae MURDEALĂ

1968

02/02/2017

26/11/2021

04/01/2022

03/08/2023

20/09/2023

Returned as

“recipient moved from the address”

13/12/2016

53322/16

23/09/2016

Victor MIHAI

1968

12/03/2018

26/11/2021

04/01/2022

03/08/2023

20/09/2023

Returned as

“recipient moved from the address”

19/04/2017

53700/16

18/10/2016

Neculai CUȚI

1966

02/06/2017

24/11/2021

04/01/2022

03/08/2023

14/08/2023

Illegible signature

23/05/2017

54374/16

25/10/2016

Florian-Cătălin NAN

1976

09/12/2020

24/11/2021

04/01/2022

03/08/2023

09/10/2023

Returned as

“unclaimed”

28/02/2017

56965/16

02/11/2016

Cristian-Florin PENCEA

1991

05/07/2017

24/11/2021

04/01/2022

03/08/2023

20/09/2023

Returned as

“unknown”

13/09/2016

58785/16

01/11/2016

Tiberiu REZMIVEȘ

1959

05/10/2017

24/11/2021

04/01/2022

03/08/2023

14/08/2023

Illegible signature

03/05/2017