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CATANĂ AND OTHERS v. ROMANIA

Doc ref: 40102/13;45054/13;11228/14;18299/14;23608/14;38069/14;39527/14 • ECHR ID: 001-159451

Document date: November 19, 2015

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CATANĂ AND OTHERS v. ROMANIA

Doc ref: 40102/13;45054/13;11228/14;18299/14;23608/14;38069/14;39527/14 • ECHR ID: 001-159451

Document date: November 19, 2015

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 40102/13 Constantin-Cristian CATANÄ‚ against Romania and 6 other applications (see appended table)

The European Court of Human Rights ( Fourth Section ), sitting on 19 November 2015 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 10 December 2015 .

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 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]

40102/13

29/05/2013

Constantin-Cristian CATANÄ‚

18/11/1969

27/07/2015

26/06/2015

6,600

45054/13

10/05/2013

Gheorghe BERGHEA

27/07/1970

27/07/2015

30/07/2015

7,200

11228/14

28/01/2014

Adrian IonuÈ› DINESCU

03/08/1993

27/07/2015

04/08/2015

3,000

18299/14

24/03/2014

Isai OÈšET

06/09/1969

27/07/2015

03/07/2015

3,300

23608/14

03/06/2014

Nicolae Adrian GOVOREANU

13/11/1983

27/07/2015

29/07/2015

5,400

38069/14

19/06/2014

Gabriel Ciprian ORBAN

10/07/1981

27/07/2015

19/08/2015

5,000

39527/14

19/06/2014

Marin Marius NECHITA

11/10/1968

07/08/2015

16/07/2015

3,200

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

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