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DIMA AND OTHERS v. ROMANIA

Doc ref: 25401/15, 44014/15, 1639/16, 5711/16, 15353/16, 24969/16, 28444/16, 31300/16, 39894/16, 40720/16, 49... • ECHR ID: 001-184142

Document date: May 24, 2018

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DIMA AND OTHERS v. ROMANIA

Doc ref: 25401/15, 44014/15, 1639/16, 5711/16, 15353/16, 24969/16, 28444/16, 31300/16, 39894/16, 40720/16, 49... • ECHR ID: 001-184142

Document date: May 24, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 25401/15 Constantin- Sorin DIMA against Romania and 13 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]

25401/15

11/06/2015

Constantin- Sorin Dima

02/05/1990

24/04/2018

04/01/2018

1,000

44014/15

08/10/2015

Aurel Croitoru

24/03/1958

24/04/2018

08/12/2017

5,000

1639/16

01/03/2016

Akira-Peter Nenciu

28/05/1991

24/04/2018

06/12/2017

3,000

5711/16

02/03/2016

Sergiu- Miklós Bocîrnea

11/07/1994

24/04/2018

12/12/2017

3,000

15353/16

07/04/2016

George Răcaru

18/02/1979

24/04/2018

11/01/2018

3,000

24969/16

31/05/2016

Bogdan-Constantin Hotoboc

13/09/1981

24/04/2018

09/02/2018

1,000

28444/16

14/06/2016

Mihail -Robert Țăndărescu

06/02/1976

24/04/2018

23/01/2018

3,000

31300/16

21/06/2016

Daniel Potcovaru

17/07/1976

24/04/2018

19/01/2018

3,000

39894/16

07/12/2016

Ghiță Ilie

26/02/1970

Irina Maria Peter

Bucharest

24/04/2018

27/11/2017

1,000

40720/16

11/08/2016

Iulian Șopârlă

16/04/1955

Ionela Mărgărit

Bucharest

24/04/2018

02/01/2018

1,000

49458/16

11/08/2016

Ionel Fătu

13/03/1987

Ionela Mărgărit

Bucharest

24/04/2018

08/01/2018

3,000

49471/16

11/08/2016

Stelian Pulciu

19/11/1968

Ionela Mărgărit

Bucharest

24/04/2018

08/01/2018

3,000

49474/16

11/08/2016

Stănică Manolache

18/06/1973

Ionela Mărgărit

Bucharest

24/04/2018

08/01/2018

3,000

49479/16

11/08/2016

Marian Radu

20/08/1991

Ionela Mărgărit

Bucharest

24/04/2018

02/01/2018

3,000

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

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