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LENȚA AND OTHERS v. ROMANIA

Doc ref: 62662/14;40627/15;50316/15;1446/16;1633/16;7042/16;9872/16;20016/16;20659/16;27084/16 • ECHR ID: 001-174541

Document date: May 18, 2017

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LENȚA AND OTHERS v. ROMANIA

Doc ref: 62662/14;40627/15;50316/15;1446/16;1633/16;7042/16;9872/16;20016/16;20659/16;27084/16 • ECHR ID: 001-174541

Document date: May 18, 2017

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 62662/14 Filimon -Valentin LENÈšA against Romania and 9 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 18 May 2017 as a Committee composed of:

Vincent A. De Gaetano, President, Iulia Motoc, 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 8 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]

62662/14

02/09/2014

Filimon -Valentin Lența

04/08/1968

14/12/2016

03/11/2016

4,200

7042/16

24/02/2016

40627/15

03/11/2015

Claudiu Ta nase

24/03/1979

10/10/2016

13/03/2017

8,100

50316/15

10/11/2015

Gheorghe Dandara

14/01/1968

Irina-Maria Peter

Bucharest

03/01/2017

05/12/2016

15,000

1446/16

03/02/2016

Gheorghe Oros

15/12/1966

14/12/2016

11/10/2016

3,500

1633/16

02/02/2016

Viorel Matei

31/12/1961

24/10/2016

06/10/2016

6,500

9872/16

09/02/2016

Dumitrel Ţibuh

21/08/1986

21/12/2016

26/07/2016

6,600

20016/16

04/04/2016

Constantin Buga

07/03/1986

George Bogdan Pocovnicu

Bacău

21/12/2016

12/10/2016

3,600

20659/16

09/05/2016

Cristian Stan

06/11/1974

Irina-Maria Peter

București

03/01/2017

05/12/2016

7,500

27084/16

05/05/2016

Traian-Ioan Halip

12/03/1957

21/12/2016

22/07/2016

6,800

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

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