ILIAS AND OTHERS v. ROMANIA - 7219/14 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2019] ECHR 165 (07 March 2019)
The applicant's death before the judgment was adopted constitutes a decisive fact justifying revision of the judgment. No heirs expressed interest in pursuing the application, and there are no special circumstances requiring continuation. The application is therefore struck out.
- Citation
- [2019] ECHR 165
- Parties
- Applicants: Iliaș and others; Respondent: Romania; Applicant (deceased): Cătălin Vasile Brumă
- Jurisdiction
- European Union
- Judgment Date
- 07 March 2019
- Procedural Posture
- Revision of Judgment (european Court of Human Rights) / Post Judgment Revision Following Notification of Applicant's Death
- Outcome
- Judgment of 8 March 2018 revised in respect of application no. 32843/14; application struck out.
- Legal Topics
- Revision of Judgment, Right to Humane Treatment, Conditions of Detention, Striking Out Applications
Case Brief
Summary, issues, holding and outcome
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Parties
Iliaș and others
Applicants
Romania
Respondent
Cătălin Vasile Brumă
Applicant (deceased)
Procedural Posture
Revision of Judgment (european Court of Human Rights) / Post Judgment Revision Following Notification of Applicant's Death
Legal Issues
- 1 Whether the judgment of 8 March 2018 should be revised due to the applicant's death prior to its adoption
- 2 Whether the application should be struck out in the absence of heirs wishing to pursue it
Ratio Decidendi
The applicant's death before the judgment was adopted constitutes a decisive fact justifying revision of the judgment. No heirs expressed interest in pursuing the application, and there are no special circumstances requiring continuation. The application is therefore struck out.
Court Disposition
Judgment of 8 March 2018 revised in respect of application no. 32843/14; application struck out.
Orders
- Judgment of 8 March 2018 revised in respect of application no. 32843/14
- Application no. 32843/14 struck out of the list of cases
Full Case Text
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