European Court of Human Rights

 

 

 

FOURTH SECTION

CASE OF MOCANU AND OTHERS v. ROMANIA

(Applications nos. 18213/16 and 10 others)

 

 

 

 

 

JUDGMENT
(Revision)

STRASBOURG

12 January 2023

 

 

 

 

This judgment is final but it may be subject to editorial revision.

 

In the case of Mocanu and Others v. Romania (request for revision of the judgment of 5 May 2022),

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

          Armen Harutyunyan, President,
          Anja Seibert-Fohr,
          Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 8 December 2022,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case Mocanu and Others v. Romania originated in eleven 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 set out in the table appended to the judgment delivered on 5 May 2022.

2.  In that judgment the Court held that there had been a violation of Article 3 of the Convention on account of inadequate conditions of detention. The Court also decided to award the applicants just satisfaction in the amounts set out in the table appended to that judgment.

3.  On 5 July 2022 the Romanian Government (“the Government”) informed the Court that on 1 July 2022 they had learned that Mr Gabriel Șchiopu, the applicant in application no. 1245/17, had died on 14 March 2018. They accordingly asked for the judgment to be revised within the meaning of Rule 80 of the Rules of Court.

4.  On 8 September 2022 the Court considered the request for revision and decided to give the applicant’s potential heirs six weeks in which to submit any observations, in accordance with Rule 80 § 4 of the Rules of Court. By letter dated 16 September 2022, sent by registered post to the applicant’s representative (his aunt), the only address of correspondence indicated by the applicant in the application form, they were invited to inform the Court whether they wished to pursue the application before the Court. The letter was returned to the Court as “recipient deceased”. No heir contacted the Court to date.

THE LAW

THE REQUEST FOR REVISION

5.  The Government asked for the revision of the judgment of 5 May 2022, which they had been unable to execute in full because Mr Șchiopu had died before the judgment had been adopted. They argued that the heirs should have informed the Court about the death of their close relative and about their intention to pursue the proceedings. As they failed to do so, they should not receive the amount awarded to the deceased applicant.

6.  No heirs have shown interest in pursuing the procedure.

7.  The Court considers that the judgment of 5 May 2022 should be revised pursuant to Rule 80 of the Rules of Court, the relevant parts of which provide:

“A party may, in the event of the discovery of a fact which might by its nature have a decisive influence and which, when a judgment was delivered, was unknown to the Court and could not reasonably have been known to that party, request the Court ... to revise that judgment.

...”

8.  The Court notes that the applicant had died before it adopted the judgment of 5 May 2022 and that no observations have been submitted to it by any potential heirs.

9.  The Court considers that the applicant’s death constitutes “the discovery of a fact ... which when [the] judgment was delivered, was unknown to the Court”. It also constitutes a fact of “decisive influence” on the outcome of the judgment within the meaning of Rule 80 § 1. The Court is prepared to accept that this decisive fact “could not reasonably have been expected to be known” to the Government, which became aware of the applicant’s death on 22 February 2022 (see Manushaqe Puto and Others v. Albania (revision), nos. 604/07 and 3 others, §§ 9-10, 4 November 2014). They filed a request for revision of the judgment on 5 July 2022, that is, within the time-limit provided for by Rule 80.

10.  In these circumstances, the Court accepts the Government’s request for revision of the judgment of 5 May 2022.

11.  The Court further notes that Article 37 § 1 of the Convention, in its relevant part, reads:

“1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that ...

(c) ... it is no longer justified to continue the examination of the application.”

12.  In this respect, the Court observes that it has been its practice to strike applications out of the list of cases when the applicant has died during the proceedings and no heirs or close relatives have expressed a wish to pursue them (see Cioată and Others v. Romania, no. 48095/07, §§ 5-17, 11 February 2021 and Neghină and Others v. Romania (revision), nos. 37620/15 and 10 others, §§ 5-13, 28 October 2021). It further finds no special circumstances relating to respect for human rights as defined in the Convention and its Protocols which require it to continue the examination of the application.

13.  Accordingly, application no. 1245/17, introduced by Mr Gabriel Șchiopu, should be struck out of the Court’s list of cases in accordance with Article 37 § 1 of the Convention and the judgment of 5 May 2022 in the case of Mocanu and Others v. Romania should be revised as far as it concerns the application in question.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1.      Decides to revise its judgment of 5 May 2022 in the case of Mocanu and Others v. Romania in respect of application no. 1245/17;

and, accordingly:

2.      Decides to strike application no. 1245/17, lodged by Mr Gabriel Șchiopu, out of its list of cases.

Done in English, and notified in writing on 12 January 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

                       

      Viktoriya Maradudina                                         Armen Harutyunyan

    Acting Deputy Registrar                                                President