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BAR AND OTHERS v. ROMANIA

Doc ref: 36017/15;36060/15;7793/16;9214/16;36680/16;41388/16 • ECHR ID: 001-174980

Document date: June 1, 2017

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BAR AND OTHERS v. ROMANIA

Doc ref: 36017/15;36060/15;7793/16;9214/16;36680/16;41388/16 • ECHR ID: 001-174980

Document date: June 1, 2017

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 36017/15 Gabriel BAR against Romania and 5 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 1 June 2017 as a Committee composed of:

Vincent A. De Gaetano, President, Georges Ravarani , Marko Bošnjak , judges,

and Karen Reid, 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 follows:

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 22 June 2017 .

Karen Reid Vincent A. De Gaetano 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]

36017/15

26/08/2015

Gabriel Bar

20/08/1961

22/03/2017

02/03/2017

4,200

36060/15

05/08/2015

Ilie - Petru B a lc

07/07/1981

Vasile RareÈ™ Biro

Satu Mare

20/03/2017

13/03/2017

4,400

7793/16

13/04/2016

Vlad -Andrei Davidoiu

19/09/1986

24/03/2017

04/01/2017

3,000

9214/16

04/07/2016

Gheorghe Adam

29/08/1956

Beatrice-Irina BalteÈ™

Bucuresti

13/03/2017

09/02/2017

8,700

36680/16

26/07/2016

Richard Țuțu

23/06/1982

08/03/2017

27/03/2017

11,100

41388/16

05/07/2016

Dorin Adrian Martin

24/07/1971

Claudia Nadina Daciana Cândea

Timișoara

24/03/2017

09/01/2017

7,400

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

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