ROMAN AND OTHERS v. ROMANIA
Doc ref: 40208/14;43954/14;47786/14;49386/14;54464/14;56808/14 • ECHR ID: 001-161063
Document date: January 28, 2016
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FOURTH SECTION
DECISION
Application no. 40208/14 Călin ROMAN and others against Romania and 5 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 28 January 2016 as a Committee composed of:
Vincent A. De Gaetano, President, Egidijus Kūris, 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 18 February 2016 .
Hasan Bakırcı Vincent A. De Gaetano Acting Deputy Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant name
Date of birth
Date of receipt of the Government ’ s declaration
Date of receipt of the Applicant ’ s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [i]
40208/14
19/05/2014
(4 applicants)
Călin ROMAN
28/01/1984
Radu GHERGHEL
05/07/1985
Valentin-Pavel STRÃŽMTU
28/11/1984
Daniel-Vasile BÃŽRZAN
31/12/1985
14/09/2015
05/08/2015
3,000
43954/14
10/07/2014
Samir CURT
26/01/1989
18/09/2015
10/08/2015
8,100
47786/14
23/07/2014
Ion DEHELEANU
28/02/1970
15/09/2015
31/08/2015
4,400
49386/14
01/07/2014
Aurelian RĂDOI
10/01/1960
15/09/2015
31/08/2015
3,000
54464/14
16/06/2014
Ștefan RIZA
05/11/1954
30/09/2015
03/11/2015
3,000
56808/14
11/11/2014
George-Ionuț PĂTRUȚ
05/02/1987
25/09/2015
17/08/2015
3,000
[i] Plus any tax that may be chargeable to the applicants.
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