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MOTOI AND OTHERS v. ROMANIA
Doc ref: 41088/14, 9376/15, 9792/15, 21161/15, 39632/15, 51462/15, 226/16, 5824/16, 13832/16, 19583/16, 20779... • ECHR ID: 001-184108
Document date: May 24, 2018
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MOTOI AND OTHERS v. ROMANIA
Doc ref: 41088/14, 9376/15, 9792/15, 21161/15, 39632/15, 51462/15, 226/16, 5824/16, 13832/16, 19583/16, 20779... • ECHR ID: 001-184108
Document date: May 24, 2018
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 41088/14 Ion MOTOI against Romania and 14 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 24 May 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 declaration s submitted by the respondent Government requesting the Court to strike the application s 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 applicant s ’ 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 .
After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make unilateral declaration s with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application s in accordance with Article 37 of the Convention.
The Government acknowledged the inadequate conditions of detention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the application s 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 declaration s several weeks before the date of this decision. The Court has not received a response from the applicant s accepting the terms of the declaration s .
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 application s 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 case s 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 declaration s 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 application s (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 application s (Article 37 § 1 in fine ).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration s , the application s 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 case s 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 declaration s and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the application s out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 14 June 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 comments, if any
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros) [i]
41088/14
21/07/2014
Ion Motoi
08/08/1966
Carmen
Boghină
Bucharest
11/01/2018
2,700
9376/15
12/03/2015
Radu- Teodor Iov
01/10/1975
19/12/2017
2,700
9792/15
23/03/2015
Levente Balazs
18/12/1984
19/12/2017
2,700
21161/15
25/05/2015
Dumitru -Cristian Răsniceanu
21/01/1976
18/01/2018
4,500
39632/15
07/09/2015
Gabriel Sugeac
17/02/1972
09/01/2018
4,500
51462/15
08/01/2016
Antonius-Paul Corbu
25/06/1978
20/03/2018
09/04/2018
900
226/16
01/02/2016
Ștefan Neagu
30/01/1981
30/01/2018
2,700
5824/16
14/03/2016
Gheorghe-Daniel Muntean
07/11/1978
30/01/2018
07/03/2018
4,500
13832/16
31/03/2016
Árpád Benedek
13/08/1988
30/01/2018
2,700
19583/16
27/06/2016
Tudorel Trofin
17/09/1978
11/12/2017
3,000
20779/16
30/09/2016
Marinel Brișcaru
05/12/1967
18/01/2018
2,700
23055/16
18/04/2016
Daniel- Ghiţă Sîrbu
27/02/1967
25/01/2018
22/03/2018
2,700
41000/16
23/08/2016
Eman Vătămăniță
14/05/1978
15/01/2018
2,700
42318/16
20/09/2016
Adrian-Marcel Stoica
12/03/1972
16/02/2018
04/04/2018
2,700
58818/16
07/11/2016
Laurențiu -Constantin Petre
29/10/1983
18/01/2018
2,700
[i] Plus any tax that may be chargeable to the applicants.
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