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DOLEANU AND TĂMAŞ v. ROMANIA

Doc ref: 45625/16;14391/17 • ECHR ID: 001-210182

Document date: April 22, 2021

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DOLEANU AND TĂMAŞ v. ROMANIA

Doc ref: 45625/16;14391/17 • ECHR ID: 001-210182

Document date: April 22, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application s no s . 45625/16 and 14391/17 Andrei DOLEANU against Romania and Ciprian TĂMAŞ against Romania

(s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 22 April 2021 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking , Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application s lodged on the various dates indicated in the appended table,

Having regard to the formal declaration s accepting a friendly settlement of the case s ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s is set out in the appended table.

The applicants ’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”) .

The Court received the friendly-settlement declarations , signed by the parties, under which the applicant s agreed to waive any further claims against Romania in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment and will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision .

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the case s 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 in accordance with Article 39 of the Convention .

Done in English and notified in writing on 20 May 2021 .

             {signature_p_2}

Viktoriya Maradudina Armen Harutyunyan 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 receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

45625/16

05/09/2016

Andrei DOLEANU

1986

26/06/2020

06/03/2020

5,000

14391/17

14/02/2017

Ciprian KOVACS (former Tăma ş )

1986Vasile Rare ÅŸ Biro

Satu Mare

15/03/2021

25/03/2021

3,000

[1] Plus any tax that may be chargeable to the applicants.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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