Capră and Others v. Romania
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 15394/18 Ioan-Petru CAPRĂ against Romania and 3 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 16 May 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 6 June 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 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
15394/18
25/04/2018
Ioan-Petru CAPRĂ
1991
Mihai-Cătălin Roman
Baia Sprie
16/08/2023
27/09/2023
08/11/2023
31/01/2024
Handed over on 20/11/2023
(according to the Romanian Post Tracking System)
Handed over on 08/02/2024
(according to the Romanian Post Tracking System)
21545/20
07/07/2020
Răzvan-George HURMUZACHE
1981
09/11/2023
21/12/2023
19/01/2024
01/02/2024
Signed by a relative
43645/20
17/11/2020
Tibor RACZ
1990
21/09/2023
02/11/2023
07/12/2023
22/01/2024
29/12/2023
Signed by the applicant’s sister
29/01/2024
Illegible signature
26715/21
15/06/2021
Vasile-Andrei IOSUP
1995
21/09/2023
02/11/2023
07/12/2023
29/02/2024
Resent to the Court on 05/01/2024
(according to the Romanian Post Tracking System)
Returned to the Court on 28/03/2024 as
“moved from address”