ZLATE AND OTHERS v. ROMANIA

2026-05-21T00:00:00
  FOURTH SECTION DECISION Application no. 49346/21 Benone ZLATE against Romania and 21 other applications (see appended table) The European Court of Human Rights (Fourth Section), sitting on 21 May 2026 as a Committee composed of:  Anne Louise Bormann, President,  András Jakab,  Corinna Wissels, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having regard to the above applications against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table, Having deliberated, decides as follows: FACTS AND PROCEDUREThe list of the applicants and the relevant details are 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 to the Registry’s letter. 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) and that no extension of time had been requested. The applicants’ attention was 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 were either received by the applicants or the applicants’ relatives or by the prison’s authorities (see details in the appended table). THE LAWHaving 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, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications. Accordingly, the cases should be struck 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 11 June 2026.    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 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 the response by the applicant Date of the Court’s registered letter Date of receipt of the registered letter    49346/21 28/10/2021 Benone ZLATE 1968   Vasilica Rusu Bogheștii de Sus 27/04/2022 26/03/2025 07/05/2025 13/11/2025 Received by the applicant on 03/12/2025    21538/22 22/03/2023 Valentin-Georgian ENCEA 1994       04/05/2023 18/03/2025 29/04/2025 06/06/2025 Returned on 11/07/2025 by the Romanian post as the recipient had moved    36040/22 25/11/2022 Irinel-Marian BERBECE 1981       08/01/2025 03/03/2025 14/04/2025 02/06/2025 Returned on 25/09/2025 by the Romanian post as recipient unknown    36091/22 16/08/2022 Marius-Andrei MACHEDON 1991       25/03/2025 02/05/2025 13/06/2025 22/07/2025 Received by the applicant’s father on 04/08/2025    38614/22 04/10/2022 Nicolae-Marcel DUMITRU 1981       27/02/2024 02/05/2025 13/06/2025 22/07/2025 Received by the applicant on 05/08/2025    39539/22 31/10/2022 Sergiu-Aurelian TAMAŞ 1988       06/11/2023 02/05/2025 13/06/2025 22/07/2025 Received on 04/08/2025, illegible signature    40228/22 13/09/2022 Dănuţ HREŞCU 1965       28/10/2022 02/05/2025 13/06/2025 22/07/2025 Returned on 06/10/2025 by the Romanian Post as the recipient had moved    40431/22 12/08/2022 Ioan GHERGHIN 1974   Ionuţ-Iulian Gherghin Daia Romana 29/11/2022 02/05/2025 13/06/2025 22/07/2025 Received on 05/08/2025, illegible signature    45101/22 04/11/2022 Albert-Florian BALINT 1987       09/11/2022 25/04/2025 06/06/2025 29/07/2025 Received by prison staff on 11/08/2025  45122/22 12/10/2022 Aurel SZABÓ 1978       01/12/2022 18/03/2025 29/04/2025 06/06/2025 Received by prison staff on 20/06/2025  46647/22 15/11/2022 Sorin MAXIM 1975       25/07/2024 02/05/2025 13/06/2025 22/07/2025 Received by prison staff on 06/08/2025  46984/22 01/02/2023 Dorian MARCOVICI 1973       27/04/2023 18/06/2025 30/07/2025 19/12/2025 Received by the applicant on 31/12/2025  48509/22 16/12/2022 Săndel-Silviu MOCANU 1980       03/01/2023 25/04/2025 06/06/2025 29/07/2025 Returned on 28/08/2025 by the Romanian post as recipient unknown  48781/22 11/11/2022 Timotei IONILĂ 1996       21/11/2022 25/04/2025 06/06/2025 29/07/2025 Returned on 28/08/2025 by the Romanian post as the recipient had moved  49075/22 07/10/2022 Romeo BARBU 1987       17/11/2022 18/06/2025 30/07/2025 19/12/2025 Returned on 29/01/2026 by the Romanian Post as the recipient had moved  49130/22 07/11/2022 Adrian-Vasile DEZMIREAN 1982       13/12/2022 18/03/2025 29/04/2025 06/06/2025 Received by prisons staff on 23/06/2025  49335/22 15/11/2022 Ionel CIOCÎRLAN 1980       03/11/2023 02/05/2025 13/06/2025 22/07/2025 Received by prison staff on 11/08/2025  52162/22 07/12/2022 Ioan AVRAM 1975       31/01/2023 18/06/2025 30/07/2025 19/12/2025 Received by prison staff on 14/01/2026 and forwarded to the prison where the applicant had been transferred  52563/22 14/12/2022 Aurel-Alexandru COŞERGAR 1983       20/02/2023   02/05/2025 13/06/2025 22/07/2025 Returned on 15/09/2025 by the Romanian Post as unclaimed  52592/22 12/12/2022 Vasia-Nelu BERESCU 1991       02/01/2023 18/03/2025 29/04/2025 06/06/2025 Received by prison staff on 18/06/2025  53253/22 26/01/2023 Valentin RADU 1996       01/02/2023 03/03/2025 14/04/2025 02/06/2025 Returned on 22/08/2025 by the Bucharest-Rahova Prison after unsuccessful attempt to forward the letter to the applicant’s address after his release  53272/22 13/12/2022 Resan BOLKVADZE 1985       14/03/2023 02/05/2025 13/06/2025 22/07/2025 Returned on 25/09/2025 by the Georgian post as unclaimed