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SCÂRNECI AND OTHERS v. ROMANIA
Doc ref: 42258/15, 47820/15, 159/16, 9670/16, 19339/16, 27170/16, 30035/16, 34064/16, 37323/16, 51303/16, 534... • ECHR ID: 001-185301
Document date: July 5, 2018
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SCÂRNECI AND OTHERS v. ROMANIA
Doc ref: 42258/15, 47820/15, 159/16, 9670/16, 19339/16, 27170/16, 30035/16, 34064/16, 37323/16, 51303/16, 534... • ECHR ID: 001-185301
Document date: July 5, 2018
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 42258/15 Adrian SCRNECI against Romania and 11 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 5 July 2018 as a Committee composed of:
Vincent A. De Gaetano, President, Georges Ravarani, Marko Bošnjak, 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 case s .
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 declarati on 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 application s out of its list of cases in accordance with Article 39 of the Convention .
Done in English and notified in writing on 26 July 2018 .
Liv Tigerstedt Vincent A. De Gaetano 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 name
Date of birth
Representative name and location
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) [i]
42258/15
10/09/2015
Adrian Scârneci
24/09/1987
20/04/2018
23/05/2018
2,700
47820/15
23/10/2015
Gheorghe-Laurențiu Cozac
13/09/1993
16/04/2018
04/06/2018
2,700
159/16
18/01/2016
Nicolae Marsavela
23/12/1972
16/02/2018
23/03/2018
2,700
9670/16
22/03/2016
Liviu-Valerică Drăguț
01/11/1970
Marinela Coconoiu
Curtea de ArgeÈ™
16/02/2018
23/03/2018
4,500
19339/16
16/05/2016
Pompiliu Cojocaru
19/10/1982
16/04/2018
17/05/2018
2,700
27170/16
17/06/2016
Răzvan-Alexandru Cocieriu
11/12/1990
16/02/2018
21/03/2018
2,700
30035/16
02/09/2016
Ionel Constantin
26/02/1987
18/04/2018
14/05/2018
2,700
34064/16
11/07/2016
Mihai Nedelcu
18/10/1976
01/03/2018
23/03/2018
2,700
37323/16
20/07/2016
Nicușor Florea
23/08/1977
20/04/2018
16 /05/2018
2,700
51303/16
22/09/2016
Constantin Solcanu-Roșca
11/12/1981
30/01/2018
21/03/2018
2,700
53424/16
02/09/2016
Emil Cristea
28/04/1975
01/03/2018
03/04/2018
2,700
62263/16
12/10/2016
Dorin-Flavian Lupăștean
10/10/1990
27/04/2018
15/06/2018
2,700
[i] . Plus any tax that may be chargeable to the applicants.
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