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CUBLEŞAN AND OTHERS v. ROMANIA

Doc ref: 52969/15;6750/16;15575/16;19800/16;20544/16;21683/16;23034/16;28616/16;43567/16 • ECHR ID: 001-197107

Document date: September 26, 2019

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CUBLEŞAN AND OTHERS v. ROMANIA

Doc ref: 52969/15;6750/16;15575/16;19800/16;20544/16;21683/16;23034/16;28616/16;43567/16 • ECHR ID: 001-197107

Document date: September 26, 2019

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 52969/15 Dumitru CUBLEÅžAN against Romania and 8 other applications

(s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 26 September 2019 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,

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 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 Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention

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 case s .

The applicant s were sent the terms of the Government ’ s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicant s accepting the terms of the declarations.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.

Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant s wish the examination of the cases to be continued (see, in particular, Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).

The Court has established clear and extensive case-law concerning complaints relating to the inadequate conditions of detention (see, for example, RezmiveÈ™ and Others v. Romania, nos. 61467/12 and 3 others, 25 April 2017).

Noting the admissions contained in the Government ’ s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine ).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention ( Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).

In view of the above, it is appropriate to strike the cases out of the list .

For these reasons, the Court, unanimously,

Decides to join the applications;

Takes note of the terms of the respondent Government ’ s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.

Done in English and notified in writing on 17 October 2019 .

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 comments, if any

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

per applicant

(in euros) [i]

52969/15

07/01/2016

Dumitru CubleÅŸan

03/01/1971

12/04/2019

2,700

6750/16

12/05/2016

Petre-Marian Dan

08/01/1975

12/04/2019

2,700

15575/16

05/05/2016

Lászlo Mózes

20/10/1985

08/05/2019

2,700

19800/16

06/05/2016

Ion-Bogdan Mitrache

04/12/1977

27/03/2019

900

20544/16

05/04/2016

Iulian Bocșe

15/07/1963

Dumitra Veronica Mușat

Bucharest

18/04/2019

08/07/2019

900

21683/16

24/05/2016

Marian-Gheorghe TamaÅŸ

16/02/1974

27/03/2019

2,700

23034/16

24/05/2016

Nicolae Stoica

27/01/1982

08/05/2019

2,700

28616/16

17/06/2016

Nicolae Zamfir

14/01/1978

08/05/2019

2,700

43567/16

22/08/2016

Marian Sălăvăstru

28/11/1984

27/03/2019

2,700

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

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