Denis Alin Stelian VINTAN v Romania - 8179/05 [2011] ECHR 2075 (22 November 2011)
The applicant failed to respond to the Court's correspondence and did not indicate a wish to pursue the application; therefore, the case is struck out under Article 37 § 1 (a) of the Convention.
Source-derived case information.
- Citation
- [2011] ECHR 2075
- Parties
- Applicant: Denis Alin Stelian Vintan; Respondent: Romanian Government
- Jurisdiction
- European Union
- Procedural Posture
- Application to European Court of Human Rights / Decision on Admissibility and Merits
- Outcome
- application struck out
- Legal Topics
- Right to Liberty, Right to a Fair Trial, Prohibition of Inhuman or Degrading Treatment, Admissibility of Application, Striking Out Applications
Source-derived case record
Summary, issues, holding and outcome
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Parties
Denis Alin Stelian Vintan
Applicant
Romanian Government
Respondent
Procedural Posture
Application to European Court of Human Rights / Decision on Admissibility and Merits
Legal Issues
- 1 Whether the applicant's rights under Articles 3, 5, and 6 of the Convention were violated
- 2 Whether the application should be struck out for lack of interest
Ratio Decidendi
The applicant failed to respond to the Court's correspondence and did not indicate a wish to pursue the application; therefore, the case is struck out under Article 37 § 1 (a) of the Convention.
Court Disposition
application struck out
Orders
- The application is struck out of the list of cases.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Denis Alin Stelian VINTAN v Romania - 8179/05 [2011] ECHR 2075 (22 November 2011) URL: https://www.bailii.org/eu/cases/ECHR/2011/2075.html [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] THIRD SECTION DECISION Application no. 8179/05 by Denis Alin Stelian VINTAN against Romania The European Court of Human Rights (Third Section), sitting on 22 November 2011 as a Committee composed of: Ján Šikuta, President, Ineta Ziemele, Kristina Pardalos, judges, and Marialena Tsirli , Deputy Section Registrar , Having regard to the above application lodged on 21 February 2005, Having deliberated, decides as follows: THE FACTS The applicant, Mr Denis Alin Stelian Vintan, is a Romanian national who was born in 1983 and lives in Arad. The Romanian Government (“the Government”) were represented by their Agent, Mr Răzvan Horaţiu Radu, from the Ministry of Foreign Affairs . The applicant raised complaints under Articles 3, 5 and 6 of the Convention in relation with criminal proceedings against him and with his detention in Jilava Prison. The complaint under Article 3 concerning the material conditions of his detention were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter. By a letter dated 20 June 2011, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 5 April 2011 and that no extension of time had been requested. The applicant’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicant received this letter on 28 June 2011. However, no response has been received. THE LAW The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of 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 its Protocols which require the continued examination of the case. In view of the above, it is appropriate to strike the case out of the list. For these reasons, the Court unanimously Decides to strike the application out of its list of cases. Marialena Tsirli Ján Šikuta Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2011/2075.html