CĂLIN AND OTHERS v. ROMANIA
Doc ref: 29817/16;36476/16;45473/16;45700/16 • ECHR ID: 001-207607
Document date: December 3, 2020
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 1
FOURTH SECTION
DECISION
Application no. 29817/16 Marius Bogdan CĂLIN against Romania and 3 other applications
(s ee appended table)
The European Court of Human Rights (Fourth Section), sitting on 3 December 2020 as a Committee composed of:
Armen Harutyunyan, President, Jolien Schukking , Ana Maria Guerra Martins, judges,
and Liv Tigerstedt, 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicant s ’ replies to these declarations,
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”) .
After unsuccessful friendly-settlement negotiations, the Government submitted declaration s with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application s .
The Government acknowledged the inadequate conditions of detention . They offered to pay the applicants the amount s detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount s would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 applicants informed the Court that they agreed to the terms of the declaration s .
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 finds that, following the applicants ’ express agreement to the terms of the declaration made by the Government, the case s should be treated as a friendly settlement between the parties.
It therefore 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 the continued examination of the application s .
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 14 January 2021 .
{signature_p_2}
Liv Tigerstedt 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
Date of receipt of Government ’ s declaration
Date of receipt of applicant ’ s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant (in euros) [1]
29817/16
06/07/2016
Marius Bogdan CĂLIN
1989
28/07/2020
25/09/2020
2,700
36476/16
09/07/2016
Ovidiu- Alexandru BOTÃŽRLÄ‚
1991
28/07/2020
14/09/2020
2,700
45473/16
01/11/2016
Andrei- Tiberiu HIDEG
1986
25/08/2020
22/09/2020
900
45700/16
14/10/2016
Ioan ZVUNCA
1970Represented by
Claudia Nadina Daciana CNDEA,
TimiÅŸoara
24/07/2020
05/10/2020
2,700
[1] Plus any tax that may be chargeable to the applicants.
LEXI - AI Legal Assistant
