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SILAGHI AND OTHERS v. ROMANIA

Doc ref: 57224/14;59443/14;44077/15;53580/15;1414/16;7495/16 • ECHR ID: 001-170182

Document date: December 1, 2016

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SILAGHI AND OTHERS v. ROMANIA

Doc ref: 57224/14;59443/14;44077/15;53580/15;1414/16;7495/16 • ECHR ID: 001-170182

Document date: December 1, 2016

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 57224/14 Leontin-Nicolae SILAGHI against Romania and 5 other applications (see list appended)

The European Court of Human Rights (Fourth Section), sitting on 1 December 2016 as a Committee composed of:

Vincent A. De Gaetano, President, Egidijus KÅ«ris , Gabriele Kucsko-Stadlmayer , judges,

and Hasan Bakırcı, 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 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 20 December 2016 .

Hasan Bakırcı Vincent A. De Gaetano 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]

57224/14

03/09/2014

Leontin-Nicolae SILAGHI

27/08/1959

01/11/2016

30/08/2016

5,400

59443/14

22/09/2014

Alexandru HOSU

22/02/1974

01/11/2016

07/10/2016

7,800

44077/15

21/10/2015

Victor PREDA

23/11/1969

01/11/2016

19/04/2016

11,100

53580/15

03/12/2015

Florin ARAMPOI

26/09/1968

Ovidiu CHIRIAC

Miercurea Ciuc

28/10/2016

06/10/2016

3,000

1414/16

25/01/2016

Alin -Gheorghe TOMOIAGÄ‚

08/08/1989

28/10/2016

13/10/2016

3,000

7495/16

23/02/2016

Mihai POPANDRON

15/09/1976

28/10/2016

03/10/2016

15,000

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

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