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CHIRIAC AND OTHERS v. ROMANIA
Doc ref: 1439/15;3276/15;6162/15;11883/15;18232/15;26068/15;29776/15 • ECHR ID: 001-163323
Document date: April 28, 2016
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CHIRIAC AND OTHERS v. ROMANIA
Doc ref: 1439/15;3276/15;6162/15;11883/15;18232/15;26068/15;29776/15 • ECHR ID: 001-163323
Document date: April 28, 2016
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 1439/15 Dumitru CHIRIAC against Romania and 6 other applications (see list appended)
The European Court of Human Rights (Fourth Section), sitting on 28 April 2016 as a Committee composed of:
Vincent A. De Gaetano, President, Egidijus KÅ«ris , Gabriele Kucsko-Stadlmayer , judges,
and Hasan Bakırcı, Acting 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 19 May 2016 .
Hasan Bakırcı Vincent A. De Gaetano Acting 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
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]
1439/15
26/01/2015
Dumitru CHIRIAC
31/03/1967
01/02/2016
26/02/2016
3,500
3276/15
17/12/2014
Mihai DIENEȘ
25/07/1970
01/02/2016
02/03/2016
3,900
6162/15
09/04/2015
Florin-Cristian PLETOSU
15/06/1978
10/03/2016
23/02/2016
3,000
11883/15
02/03/2015
Anghel ISPIR
02/06/1957
25/02/2016
25/11/2015
6,500
18232/15
22/06/2015
Ioan-Mircea TĂMAȘ
09/08/1979
25/02/2016
04/01/2016
6,200
26068/15
19/06/2015
Doru RISTEA
25/01/1982
25/02/2016
11/02/2016
10,400
29776/15
08/06/2015
Ionel COJOCARU
12/10/1980
25/02/2016
10/02/2016
5,300
[i] Plus any tax that may be chargeable to the applicants.
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