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GABUR AND OTHERS v. ROMANIA

Doc ref: 34717/16;39011/16;39022/16;42032/16;42300/16;44599/16;45968/16 • ECHR ID: 001-203036

Document date: May 14, 2020

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GABUR AND OTHERS v. ROMANIA

Doc ref: 34717/16;39011/16;39022/16;42032/16;42300/16;44599/16;45968/16 • ECHR ID: 001-203036

Document date: May 14, 2020

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 34717/16 Sorin GABUR against Romania and 6 other applications

( s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 14 May 2020 as a Committee composed of:

Stéphanie Mourou-Vikström , President, Georges Ravarani , Jolien Schukking , 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 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 friendly-settlement declarations 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 4 June 2020 .

Liv Tigerstedt Stéphanie Mourou-Vikström 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

Date 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]

34717/16

19/07/2016

Sorin GABUR

11/02/1977

Cecilia Gabur

Răducăneni

24/03/2020

16/03/2020

3,000

39011/16

30/08/2016

Silviu CIOBOTARU

13/07/1991

Alina- Andreea Ciobotaru

Galaţi

19/03/2020

11/03/2020

3,000

39022/16

11/08/2016

Mihai- Alexandru DAHOREA

01/11/1986

19/03/2020

05/03/2020

5,000

42032/16

10/08/2016

Adrian LEPĂDATU

04/03/1974

19/03/2020

27/03/2020

3,000

42300/16

03/10/2016

Ionel STRUGARIU

23/12/1991

Veronica Strugariu

Grădina

19/03/2020

12/03/2020

3,000

44599/16

27/09/2016

Fănel TRIFAN

07/05/1973

Daniela Trifan

Culmea

19/03/2020

03/04/2020

3,000

45968/16

12/10/2016

Valentin CĂLIN

15/11/1979

12/03/2020

16/03/2020

5,000

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

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