PAILA AND OTHERS v. ROMANIA - 26096/16 (Struck out of the list : Fourth Section Committee) [2024] ECHR 185 (22 February 2024)

PAILA AND OTHERS v. ROMANIA - 26096/16 (Struck out of the list : Fourth Section Committee) [2024] ECHR 185 (22 February 2024)

The applicant died before the judgment was adopted, and no heirs expressed a wish to pursue the application. The death was a decisive fact unknown to the Court at the time of judgment. The Government's request for revision was timely. There are no special circumstances requiring continuation. The application should be struck out and the judgment revised accordingly.

Citation
[2024] ECHR 185
Parties
Applicants: Păilă and Others; Respondent: Romanian Government; Applicant (deceased): Gheorghe Moșoi Zarafim
Jurisdiction
European Union
Judgment Date
22 February 2024
Procedural Posture
Request for Revision of Judgment / Post Judgment Revision
Outcome
application struck out; judgment revised
Legal Topics
Revision of Judgment, Death of Applicant, Striking Out Applications, Just Satisfaction, Conditions of Detention
Human Rights Law Revision of Judgment Death of Applicant Striking Out Applications Just Satisfaction Conditions of Detention

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Parties

Păilă and Others

Applicants

Romanian Government

Respondent

Gheorghe Moșoi Zarafim

Applicant (deceased)

Procedural Posture

Request for Revision of Judgment / Post Judgment Revision

Legal Issues

  1. 1 Whether the judgment should be revised due to the applicant's death prior to its adoption
  2. 2 Whether the application should be struck out in the absence of heirs wishing to pursue it

Ratio Decidendi

The applicant died before the judgment was adopted, and no heirs expressed a wish to pursue the application. The death was a decisive fact unknown to the Court at the time of judgment. The Government's request for revision was timely. There are no special circumstances requiring continuation. The application should be struck out and the judgment revised accordingly.

Court Disposition

application struck out; judgment revised

Orders

  • The judgment of 15 December 2022 is revised in respect of application no. 71424/16.
  • Application no. 71424/16, lodged by Mr Gheorghe Moșoi Zarafim, is struck out of the Court's list of cases.