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ALMĂȘAN AND OTHERS v. ROMANIA

Doc ref: 26454/08, 60402/11, 62423/11, 14951/12, 61469/12, 66466/12, 67909/12, 31830/13, 39039/13, 54881/13, ... • ECHR ID: 001-158289

Document date: October 1, 2015

Inbound citations: 1
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Cited paragraphs: 0
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Outbound citations: 1

ALMĂȘAN AND OTHERS v. ROMANIA

Doc ref: 26454/08, 60402/11, 62423/11, 14951/12, 61469/12, 66466/12, 67909/12, 31830/13, 39039/13, 54881/13, ... • ECHR ID: 001-158289

Document date: October 1, 2015

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 26454/08 Adrian ALMĂȘAN against Romania and 11 other applications (see list appended)

The European Court of Human Rights ( Third Section ), sitting on 1 October 2015 as a Committee composed of:

Valeriu Griţco , President ,

Branko Lubarda ,

Mārtiņš Mits , judges

and Karen Reid, Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of 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 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Romanian Government (“the Government”) .

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.

After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.

The Government acknowledged the excessive length of criminal proceedings . They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 Court has not received a response from the applicants which accepts the terms of the unilateral declaration.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“ for any other reason established by the Court, it is no longer justified to continue the examination of the applications”.

Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see the principles emerging from the Court ’ s case-law, and in particular the Tahsin Acar v. Turkey judgment ([GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI)).

The Court has established clear and extensive case-law concerning complaints relating to the excessive length of criminal proceedings (see, for example, Vlad and Others v. Romania, nos. 40756/06, 41508/07 and 50806/07, 26 November 2013 ).

Noting the admissions contained in the Government ’ s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine ).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention ( Josipović v. Serbia ( dec. ), no. 18369/07, 4 March 2008).

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;

Takes note of the terms of the respondent Government ’ s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.

Done in English and notified in writing on 22 October 2015 .

Karen Reid Valeriu Grițco Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention (excessive length of criminal proceedings)

No.

Application no. Date of introduction

Applicant name

Date of birth /

Date of registration

Date of receipt of Government ’ s declaration

Date of receipt of applicant ’ s comments, if any

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros ) [i]

26454/08

07/12/2007

Adrian ALMĂȘAN

12/02/1968

29/07/2014

1,620

60402/11

12/09/2011

Akif KAFTAR

01/01/1965

02/04/2015

2,160

62423/11

30/09/2011

Pompiliu RISTIN

24/04/1969

14/04/2015

810

14951/12

13/01/2012

Aristide RÄ‚DUICÄ‚

13/06/1942

23/04/2015

1,890

61469/12

20/09/2012

Ioana FĂRCĂȘANU

27/07/1967

23/04/2015

1,620

66466/12

10/10/2012

Lilică DINU

05/11/1961

23/04/2015

16/06/2015

2,700

67909/12

16/10/2012

Ștefan DEZSI

15/07/1959

23/04/2015

23/06/2015

2,160

31830/13

24/04/2013

Nicolae STANOVICI

01/12/1985

02/04/2015

1,080

39039/13

03/06/2013

Marian VASILESCU

09/04/1958

29/04/2015

1,080

54881/13

25/08/2013

Emanuel SOROIU

20/12/1961

02/04/2015

1,080

55491/13

23/08/2013

Iulia Anca CRUDU

22/09/1970

21/04/2015

1,080

67646/13

23/10/2013

Andra Luminița RȘNOVEANU

26/04/1969

10/04/2015

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

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