FOURTH SECTION
DECISION
Application no. 11688/20
Constantin SMARANDACHE against Romania
and 8 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 6 February 2025 as a Committee composed of:
Anne Louise Bormann, President,
Sebastian Răduleţu,
András Jakab, 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 March 2025.
Viktoriya Maradudina Anne Louise Bormann
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No. | Application no. | 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 |
11688/20 18/03/2020 | Constantin SMARANDACHE 1986
| 09/07/2024 | 23/10/2023 | 04/12/2023 | 16/08/2024 | 23/08/2024 Illegible signature | |
30806/20 10/07/2020 | Dan ANDREI 1990
| 03/01/2024 | 12/04/2024 | 24/05/2024 | 23/07/2024 | 31/07/2024 Signed for receipt by the applicant’s wife | |
33186/20 20/07/2020 | Ionuț-Georgian DOBRE 1992
| 05/04/2024 | 12/04/2024 | 24/05/2024 | 23/07/2024 | 01/08/2024 Signed for receipt by the Gherla prison’s authorities | |
39549/20 08/02/2021 | Fernando GHEREBEN 1997
| 27/04/2021 | 12/04/2024 | 24/05/2024 | 23/07/2024 | 12/08/2024 Signed for receipt by the applicant’s mother | |
45620/20 16/11/2020 | Nicolae PUIŞOR 1972
| 08/02/2021 | 12/04/2024 | 24/05/2024 | 23/07/2024 | 01/08/2024 Signed for receipt by a relative of the applicant | |
46836/20 20/11/2020 | Sándor CSIBI 1992
| 02/08/2024 | 12/04/2024 | 24/05/2024 | 16/08/2024 | 26/08/2024 Illegible signature | |
7462/21 15/01/2021 | Costel CRISTEA 1968
| 15/01/2021 | 28/03/2024 | 10/05/2024 | 05/06/2024 | Returned to sender on 02/08/2024 as “unclaimed” | |
7718/21 04/03/2021 | Gheorghe BROŞTENEANŢU 1984
| 04/03/2021 | 14/03/2024 | 25/04/2024 | 15/05/2024
05/08/2024
| Returned to sender from prison on 14/06/2024 as “unclaimed”
Returned to sender as “recipient released” | |
17936/21 02/07/2021 | Aurel-Gheorghe BETEAN 1976
| 25/04/2022 | 02/10/2023 | 13/11/2023 | 18/12/2023
05/06/2024 | Returned to sender from prison on 01/02/2024 as “unknown”
14/06/2024 Signed for receipt by the applicant’s brother |