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MATEI AND OTHERS v. ROMANIA
Doc ref: 38037/14;38558/14;43932/14;47910/14;48572/14;51336/14;56268/14;62164/14;70930/14 • ECHR ID: 001-161448
Document date: February 11, 2016
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MATEI AND OTHERS v. ROMANIA
Doc ref: 38037/14;38558/14;43932/14;47910/14;48572/14;51336/14;56268/14;62164/14;70930/14 • ECHR ID: 001-161448
Document date: February 11, 2016
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 38037/14 Gheorghe MATEI against Romania and 8 other applications (see appended table)
The European Court of Human Rights ( Fourth Section ), sitting on 11 February 2016 as a Committee composed of:
Vincent A. D e 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 3 March 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 ’ s 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]
38037/14
24/07/2014
Gheorghe MATEI
02/02/1971
21/12/2015
04/01/2016
4,800
38558/14
03/07/2014
Constantin CIOBANU
02/12/1963
21/12/2015
21/12/2015
3,000
43932/14
21/08/2014
Grigore GRAD
27/10/1969
30/09/2015
03/11/2015
3,000
47910/14
14/08/2014
Mihai POTRA
15/06/1976
30/09/2015
09/11/2015
4,700
48572/14
24/07/2014
Marian GÄ‚INÄ‚
02/12/1973
21/12/2015
10/12/2015
3,900
51336/14
13/08/2014
Cristian NUÈšIU
04/06/1971
12/10/2015
07/10/2015
3,800
56268/14
31/07/2014
Viorel Daniel SĂRMĂȘAN
20/09/1969
21/12/2015
18/12/2015
4,700
62164/14
02/10/2014
Dan OLOERU
01/04/1966
21/12/2015
03/12/2015
6,800
70930/14
23/12/2014
Iulian SAVA
18/07/1967
21/12/2015
27/11/2015
3,000
[i] Plus any tax that may be chargeable to the applicants.
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