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ALISTAR AND OTHERS v. ROMANIA
Doc ref: 68125/13;39723/14;44588/14;6785/15;22051/15;30749/15;39398/15;49311/15;53341/15;9202/16;29134/16 • ECHR ID: 001-171963
Document date: February 9, 2017
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ALISTAR AND OTHERS v. ROMANIA
Doc ref: 68125/13;39723/14;44588/14;6785/15;22051/15;30749/15;39398/15;49311/15;53341/15;9202/16;29134/16 • ECHR ID: 001-171963
Document date: February 9, 2017
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 68125/13 Adrian- Nicolae ALISTAR against Romania and 10 other applications (see list appended)
The European Court of Human Rights (Fourth Section), sitting on 9 February 2017 as a Committee composed of:
Vincent A. De Gaetano, President, Egidijus KÅ«ris , Gabriele Kucsko-Stadlmayer , 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”) . In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
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 as regards the complaints concerning the inadequate conditions of detention .
The applicant in the application no. 49311/15 also raised a complaint under A rticle 3 of the Convention in respect of the period of detention from 29 November 2013 to 8 April 2014 .
The Court has examined the complaint and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, this complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention."
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 as regards the complaints concerning the inadequate conditions of detention ;
Declares the remainder of the application no. 49311/15 inadmissible.
Done in English and notified in writing on 2 March 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]
68125/13
18/10/2013
Adrian- Nicolae Alistar
11/09/1980
Anca - Loredana Alistar
Bacău
14/10/2016
10/10/2016
7,700
49311/15
24/09/2015
39723/14
06/08/2014
Gheorghe-Zoltan Bako
02/03/1986
04/01/2017
08/11/2016
6,800
44588/14
08/10/2014
Floricel Ola
20/08/1967
30/12/2016
29/11/2016
3,000
6785/15
10/03/2015
Doru Ionescu
12/11/1981
Irina-Maria Peter
București
29/11/2016
26/07/2016
3,000
22051/15
27/05/2015
Nicolae Viorel Dumbravă
03/05/1988
05/01/2017
30/11/2016
3,900
30749/15
09/07/2015
Viorel Dumitru Lungu
19/11/1969
Irina-Maria Peter
București
29/11/2016
29/07/2016
5,600
39398/15
31/08/2015
Ion Mita
31/01/1991
04/01/2017
07/12/2016
4,100
53341/15
02/12/2015
Narcis-Dănuţ Nicolau
17/09/1979
30/12/2016
24/11/2016
4,500
9202/16
09/06/2016
Ionel Iosif
05/10/1968
Irina-Maria Peter
București
11/01/2017
20/10/2016
15,000
29134/16
22/06/2016
Viorel-Andruță Badea
13/10/1990
Irina-Maria Peter
București
11/01/2017
20/10/2016
4,500
[i] Plus any tax that may be chargeable to the applicants.
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