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STOIAN AND OTHERS v. ROMANIA

Doc ref: 73725/12;8490/14;10820/14 • ECHR ID: 001-155973

Document date: June 18, 2015

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STOIAN AND OTHERS v. ROMANIA

Doc ref: 73725/12;8490/14;10820/14 • ECHR ID: 001-155973

Document date: June 18, 2015

Cited paragraphs only

THIRD SECTION

DECISION

Application no 73725/12 Vasile STOIAN against Romania and 2 other applications (see list appended)

The European Court of Human Rights ( Third Section ), sitting on 18 June 2015 as a committee composed of:

Luis López Guerra , President, Johannes Silvis , Valeriu Griţco , 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 declaration s accepting a friendly settlement of the case s,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the append ed table .

The Romanian Government (“the Government”) were represented by their Agent, Mrs C. Brumar , of the Ministry of Foreign Affairs.

The applicants ’ complain ts under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to 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 th e s e 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 its Protocols and finds no reasons to justify the continued examination of the applications. In view of the above, it is appropriate to strike the case s 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 9 July 2015.

Hasan Bakırcı Luis López Guerra Acting Deputy Registra r President

APPENDIX

No.

Application no.

D ate of introduction

Applicant name

Date of birth

Date of receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount for pecuniary, non-pecuniary damages and costs and expenses [1] per applicant (in euros)

73725/12

22/10/2012

Vasile STOIAN

23/09/1960

02/10/2014

04/12/2014

5,250

8490/14

27/12/2013

Roland SZEKELY

30/01/1979

27/02/2015

13/01/2015

3,200

10820/14

12/03/2014

Vasile ARDELEAN

25/09/1980

09/03/2015

12/01/2015

4,500

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

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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