lagen.nu
no. 78654/17

Buzdugan and Others v. Romania

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2024-04-04
ECLI
ECLI:CE:ECHR:2024:0404DEC007865417
Artiklar
3, 37, 37-1
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FOURTH SECTION

Application no. 78654/17 Dănuţ BUZDUGAN against Romania and 15 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 4 April 2024 as a Committee composed of:

Branko Lubarda , President , Anne Louise Bormann, Sebastian Răduleţu , 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. 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 25 April 2024.

Viktoriya Maradudina Branko Lubarda 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 receipt/return of the registered letter

78654/17

21/12/2017

Dănuţ BUZDUGAN

1964

20/10/2022

08/09/2023

20/10/2023

29/11/2023

Received by the applicant on 08/12/2023, illegible signature

20509/20

22/06/2020

Lucian GUIAȘ

1965

Lidia Guias

Stănești

18/04/2023

08/09/2023

20/10/2023

29/11/2023

Received by the applicant on 06/12/2023

24305/20

04/06/2020

Gheorghe OCHEA

1950

19/01/2021

08/09/2023

20/10/2023

29/11/2023

Received by the applicant on 06/12/2023, illegible signature

28888/20

25/08/2020

Emanuel-Marian BORZOŞ

1990

16/11/2020

08/09/2023

20/10/2023

29/11/2023

Received by the applicant on 12/12/2023

29513/20

21/08/2020

Maxim Ionel TOTOI

1987

16/08/2022

08/09/2023

20/10/2023

29/11/2023

Signed by the prison’s representative on 08/12/2023

38504/20

21/09/2020

Ionuț CODRIANU

1991

31/07/2023

24/08/2023

05/10/2023

07/11/2023

Received by the applicant on 17/11/2023, illegible signature

38601/20

05/10/2020

Ciprian MARIAȘ

1976

06/06/2023

22/08/2023

03/10/2023

07/11/2023

Received by the applicant on 15/11/2023

38876/20

30/10/2020

Marius Vasile BALCAN

1978

26/01/2021

22/08/2023

03/10/2023

07/11/2023

Returned on 08/12/2023 by the prison with the mention “transferred/ moved”

39008/20

21/08/2020

Ali-Lucian MAZILU

1980

16/11/2020

22/08/2023

03/10/2023

07/11/2023

Received by the applicant’s designated person on 16/11/2023

39119/20

01/10/2020

Alexandru-Nicolae DINU

1991

09/12/2020

22/08/2023

03/10/2023

07/11/2023

Returned by Rahova prison specifying that the applicant (released on 13/11/2021), could not be found at his domicile to be handed the Court’s letter

39134/20

28/09/2020

Gheorghe FRUNZĂ

1959

23/03/2021

22/08/2023

03/10/2023

07/11/2023

Received by the applicant on 15/11/2023

40787/20

05/10/2020

Cătălin-Georgel ŢUIU

1983

21/11/2022

08/09/2023

20/10/2023

29/11/2023

Signed by the prison’s representative on 06/12/2023

10880/21

08/04/2021

Ciprian ABUCULESEI

1984

16/06/2021

07/09/2023

19/10/2023

23/11/2023

Signed by the prison’s representative on 05/12/2023

20660/21

22/06/2021

Constantin PANCU

1970

23/11/2023

07/09/2023

19/10/2023

28/11/2023

Received by the applicant on 08/12/2023

22366/21

20/04/2021

Adrian BARBURAŞ

1990

17/06/2021

07/09/2023

19/10/2023

23/11/2023

Signed by the prison’s representative on 05/12/2023

25572/21

09/07/2021

Istvan SZÁSZ

1996

15/07/2021

01/09/2023

13/10/2023

15/11/2023

Received by the applicant on 24/11/2023, illegible signature