MOLDOVAN AND OTHERS v. ROMANIA
Doc ref: 21037/15, 31437/15, 46377/15, 2101/16, 5161/16, 9501/16, 10365/16, 10687/16, 12531/16, 17866/16, 180... • ECHR ID: 001-184141
Document date: May 24, 2018
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FOURTH SECTION
DECISION
Application no. 21037/15 Pompei MOLDOVAN against Romania and 17 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 formal declaration s accepting a friendly settlement of the 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 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 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 declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros) [i]
21037/15
19/05/2015
Pompei Moldovan
01/01/1967
19/02/2018
13/04/2018
5,000
31437/15
15/07/2015
Moise Lăpădat
17/09/1978
07/02/2018
09/04/2018
3,000
46377/15
20/10/2015
Francisc Sai
22/07/1975
11/01/2018
04/04/2018
5,000
2101/16
17/03/2016
Lucian BeÅŸchea
10/08/1949
09/02/2018
04/01/2018
3,000
5161/16
11/02/2016
Aurel Naciu
19/07/1969
19/02/2018
11/04/2018
3,000
9501/16
03/03/2016
Ioan-Alexandru Mihali
14/02/1990
20/02/2018
09/03/2018
1,000
10365/16
22/03/2016
Ionel Sbîrcea
28/06/1975
09/02/2018
20/03/2018
3,000
10687/16
14/03/2016
Costel Ion
05/02/1981
09/02/2018
13/12/2017
5,000
12531/16
22/03/2016
Călin-Eusebiu Mirea
22/04/1968
09/02/2018
13/12/2017
5,000
17866/16
20/04/2016
Iulian Măzăreanu
26/07/1977
28/02/2018
11/04/2018
3,000
18073/16
18/05/2016
Ioan -Cristian Vizireanu
05/10/1979
Ionela Mărgărit
Bucharest
07/02/2018
29/01/2018
3,000
21937/16
23/06/2016
Emil-Cornel Forţu
25/07/1978
07/02/2018
07/03/2018
5,000
32827/16
04/07/2016
Constantin- Mircea Drăgan
16/06/1980
16/02/2018
28/03/2018
3,000
33349/16
05/07/2016
Doru -Daniel Simion
27/05/1974
20/02/2018
06/02/2018
3,000
44495/16
26/07/2016
Florin- Petrică Blănaru
02/03/1992
Ionela Mărgărit
Bucharest
30/03/2018
08/03/2018
3,000
51015/16
03/10/2016
Doru Livezeanu
18/10/1986
08/12/2017
09/04/2018
1,000
55790/16
12/10/2016
Ionuț -Marius Căciulan
26/06/1981
06/02/2018
03/04/2018
3,000
2178/17
19/12/2016
Tiberiu -Sebastian Åžorban
14/08/1974
Vasile RareÈ™ Biro
Satu Mare
20/02/2018
22/03/2018
3,000
[i] . Plus any tax that may be chargeable to the applicants.
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