FOURTH SECTION

DECISION

Application no. 43481/18
Hermann METZKER against Romania
and 8 other applications
(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 27 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 20 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.    

43481/18

06/09/2018

Hermann METZKER

1962

 

03/12/2018

17/05/2024

28/06/2024

25/09/2024

16/10/2024

Letter returned to the sender as the addressee “moved”

  1.    

7032/20

28/05/2020

Petrică MILITARU

1979

 

27/11/2023

 

17/05/2024

28/06/2024

25/09/2024

02/10/2024

Illegible signature

  1.    

7185/20

24/02/2020

Marius BADEA

1984

 

21/06/2021

 

26/03/2024

 

07/06/2024

07/05/2024

 

19/07/2024

11/09/2024

 

22/10/2024

Letter returned to the sender as “unclaimed”

 

  1.    

37832/20

16/02/2021

Bogdan-Iulian ŞTIRBU

1994

 

26/07/2021

 

26/03/2024

07/05/.2024

12/06/2024

27/06/2024

Illegible signature

  1.    

4413/21

11/02/2021

Ion CORNEA

1978

 

15/04/2021

 

24/10/2023

21/11/2023

26/07/2024

Handed over on

07/08/2024

(according to information

on the website of the Romanian Post)

  1.    

12419/21

23/03/2021

Mircea Alexandru POPA

1989

 

27/04/2021

 

26/09/2023

24/10/2023

25/07/2024

02/08/2024

Illegible signature

  1.    

30246/21

08/06/2021

Attila KEDVES

1972

 

27/07/2021

 

02/10/2023

30/10/2023

25/07/2024

Handed over on

14/08/2024

(according to information

on the website of the Romanian Post)

 

  1.    

42444/21

09/02/2022

Adrian-Marian CALISTRU

1999

 

30/03/2022

26/09/2023

24/10/2023

25/07/2024

30/08/2024

Letter returned to the sender as “unclaimed”

  1.    

60386/21

02/03/2022

Hariton-Valentin MUTU

1993

 

31/05/2022

 

26/09/2023

24/10/2023

25/07/2024

02/08/2024

Letter returned to the sender as the addressee “moved”