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.
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

  1.    

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

  1.    

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

  1.    

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

  1.    

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

  1.    

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

  1.    

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

  1.    

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”

  1.    

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”

  1.    

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