ANDREICA AND OTHERS v. ROMANIA
Doc ref: 63178/14, 9798/15, 42933/15, 12346/16, 13805/16, 16201/16, 35150/16, 36725/16, 37574/16, 42126/16, 4... • ECHR ID: 001-181644
Document date: February 15, 2018
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FOURTH SECTION
DECISION
Application no. 63178/14 Cristian ANDREICA against Romania and 15 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 15 February 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 applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follo ws:
FACTS AND PROCEDURE
The list of applicants 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 applicants 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 cases 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 8 March 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 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]
63178/14
08/12/2014
Cristian Andreica
25/03/1976
03/01/2018
29/11/2017
5,000
9798/15
25/05/2016
Ion Porumbescu
12/10/1976
03/01/2018
20/10/2017
3,000
42933/15
24/09/2015
Antonio Vecchiolla
21/10/1972
Vasile RareÈ™ Biro
Satu Mare
15/01/2018
12/01/2018
1,000
12346/16
13/04/2016
Emanuel Iordache
31/10/1978
Surí Bucurenciu Alexandru Sorín
Madrid
11/01/2018
18/12/2017
3,000
13805/16
11/04/2016
Costel-Daniel Hriţuc
06/02/1987
Irina Maria Peter
Bucharest
17/01/2018
11/12/2017
3,000
16201/16
27/04/2016
Emil-Marian Popa
31/08/1977
11/01/2018
04/12/2017
1,000
35150/16
11/07/2016
Karoly Szabo
05/05/1969
21/11/2017
08/01/2018
5,000
36725/16
28/07/2016
Dănuţ Drăgan
12/06/1992
Irina Maria Peter
Bucharest
11/01/2018
28/11/2017
3,000
37574/16
28/07/2016
Marcel Coică
31/10/1973
Irina Maria Peter
Bucharest
17/01/2018
04/01/2018
3,000
42126/16
05/03/2016
Silviu-Nicolae Coacă
26/09/1981
11/01/2018
11/12/2017
3,000
43705/16
21/07/2016
Eugen Avram
17/02/1992
Ionela Mărgărit
Bucharest
11/01/2018
07/02/2017
3,000
43706/16
21/07/2016
Marian Militaru
20/03/1986
Ionela Mărgărit
Bucharest
15/01/2018
02/01/2018
3,000
44352/16
25/07/2016
Fedor Anișoreac
03/11/1976
Vasile RareÈ™ Biro
Satu Mare
03/01/2018
12/01/2018
3,000
48747/16
01/09/2016
Laurențiu-Vasilică Bîzoi
12/10/1972
Bosch Bertrand
Moutier
11/01/2018
05/12/2017
3,000
57027/16
16/11/2016
Constantin Dudea
29/10/1964
14/12/2017
04/01/2018
3,000
689/17
19/12/2016
Ionel Leleci
19/02/1961
Vasile RareÈ™ Biro
Satu Mare
15/01/2018
23/11/2017
3,000
[i] . Plus any tax that may be chargeable to the applicants.
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