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CRISTIAN AND OTHERS v. ROMANIA
Doc ref: 50506/15;62538/15;62872/15;2861/16;5596/16;9515/16;16166/16;18067/16 • ECHR ID: 001-171128
Document date: January 12, 2017
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CRISTIAN AND OTHERS v. ROMANIA
Doc ref: 50506/15;62538/15;62872/15;2861/16;5596/16;9515/16;16166/16;18067/16 • ECHR ID: 001-171128
Document date: January 12, 2017
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 50506/15 Marian CRISTIAN against Romania and 7 other applications (see list appended)
The European Court of Human Rights (Fourth Section), sitting on 12 January 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”) .
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 2 February 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]
50506/15
21/03/2016
Marian CRISTIAN
24/03/1972
Peter Irina-Maria
București
18/11/2016
12/07/2016
15,000
62538/15
30/01/2016
Laurenţiu - Costin SAMOILĂ
06/11/1978
Peter Irina-Maria
București
18/11/2016
13/07/2016
3,000
62872/15
23/02/2016
Daniel PEPENEL
22/02/1973
Peter Irina-Maria
București
18/11/2016
13/07/2016
3,000
2861/16
21/03/2016
Vasile - Traian HARHÄ‚TÄ‚
14/05/1977
Peter Irina-Maria
București
18/11/2016
15/07/2016
9,800
5596/16
18/01/2016
Felician LÄ‚DAR
20/06/1984
Pașca Andra Bianca
Cluj-Napoca
18/11/2016
18/07/2016
3,000
9515/16
27/04/2016
Valentin BOGACIU
15/05/1978
Peter Irina-Maria
București
18/11/2016
13/07/2016
4,700
16166/16
07/03/2016
Daniel OPROIU
20/06/1987
Peter Irina-Maria
București
18/11/2016
13/07/2016
6,000
18067/16
26/04/2016
Adrian TOADER
08/09/1977
Peter Irina-Maria
București
18/11/2016
15/07/2016
10,400
[i] Plus any tax that may be chargeable to the applicants.
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