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PANDEL AND OTHERS v. ROMANIA

Doc ref: 45517/13, 80819/13, 15303/14, 39603/14, 47606/14, 48913/14, 52127/14, 52364/14, 52643/14, 54351/14, ... • ECHR ID: 001-161044

Document date: January 28, 2016

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PANDEL AND OTHERS v. ROMANIA

Doc ref: 45517/13, 80819/13, 15303/14, 39603/14, 47606/14, 48913/14, 52127/14, 52364/14, 52643/14, 54351/14, ... • ECHR ID: 001-161044

Document date: January 28, 2016

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 45517/13 Ioan PANDEL against Romania and 13 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

List of applications raising complaints under Article 3 of the Convention

( inadequate conditions of detention )

APPENDIX

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]

45517/13

06/07/2013

Ioan PANDEL

04/01/1975

21/05/2015

14/04/2015

5,300

80819/13

13/12/2013

Sándor VIRÁG

15/12/1980

04/08/2015

31/07/2015

3,600

15303/14

13/03/2014

Gheorghe TIPUS

12/03/1962

27/07/2015

16/07/2015

3,600

39603/14

05/09/2014

Paul Bogdan CHITARU

25/09/1976

03/09/2015

07/09/2015

3,600

47606/14

17/07/2014

Ioan Daniel BRUMÄ‚

31/08/1983

15/09/2015

30/11/2015

3,000

48913/14

22/08/2014

Marius Constantin PISTOLEA

19/03/1980

24/08/2015

31/03/2015

3,600

52127/14

22/09/2014

Emil NIȚĂ

18/07/1958

03/09/2015

03/08/2015

6,450

52364/14

15/09/2014

Florin Remus FIERARU

08/03/1978

04/08/2015

27/05/2015

3,500

52643/14

25/08/2014

Nicolae NEGRU

03/06/1982

14/09/2015

07/09/2015

3,300

54351/14

17/09/2014

Gheorghe IONESCU

07/08/1967

03/09/2015

26/08/2015

3,000

54931/14

13/10/2014

Cristian CĂZILĂ

13/04/1986

02/10/2015

09/09/2015

3,600

54938/14

05/09/2014

Ovidiu Marcel ARDELEAN

16/07/1988

18/09/2015

31/08/2015

4,100

54940/14

05/09/2014

Teofil Codrin SABOU

26/02/1990

23/09/2015

26/08/2015

5,000

68978/14

09/10/2014

Iulică MONEA

15/01/1979

01/10/2015

07/09/2015

11,900

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

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