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ZANFIRESCU AND OTHERS v. ROMANIA
Doc ref: 6842/14;6847/14;7492/14;7801/14;10964/14;11624/14 • ECHR ID: 001-156018
Document date: June 18, 2015
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- Cited paragraphs: 0
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- Outbound citations: 3
ZANFIRESCU AND OTHERS v. ROMANIA
Doc ref: 6842/14;6847/14;7492/14;7801/14;10964/14;11624/14 • ECHR ID: 001-156018
Document date: June 18, 2015
Cited paragraphs only
THIRD SECTION
DECISION
Application no 6842/14 Daniela ZANFIRESCU against Romania and 5 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 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
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 would 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 in a number of cases, including those brought against Romania, its practice concerning complaints about the violation of one ’ s right to a hearing within a reasonable time (see, for example, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII and Vlad and Others v. Romania , nos. 40756/06, 41508/07 and 50806/07, §§ 131-133 and 161, 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 examinati on 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 case s 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 under Article 6 § 1 of the Convention 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 9 July 2015 .
Karen Reid Luis López Guerra Registrar President
APPENDIX
No.
Application no.
Date of introduction
Applicant
Date of birth
Date of receipt of Government ’ s declaration
Date of receipt of applicant ’ s comments
Amount for pecuniary, non-pecuniary damages and costs and expenses [1] per applicant/household (in euros)
6842/14
17/01/2014
Daniela ZANFIRESCU
08/09/1968
22/01/2015
11/03/2015
1,620
6847/14
17/01/2014
Laura Ileana CIOVICÄ‚
01/09/1975
21/01/2015
11/03/2015
1,350
7492/14
17/01/2014
Eugenia BARBU
24/01/1962
21/01/2015
13/03/2015
1,350
No.
Application no.
Date of introduction
Applicant
Date of birth
Date of receipt of Government ’ s declaration
Date of receipt of applicant ’ s comments
Amount for pecuniary, non-pecuniary damages and costs and expenses [2] per applicant/household (in euros)
7801/14
15/01/2014
Dan Emil BOZDOGESCU
12/05/1962
Sorin CELEA
30/12/1973
Violeta-Titina POPESCU
08/05/1959
Eugen DINCÄ‚
02/04/1974
Lenuța CORNEANU
11/12/1959
Mihaela-Valentina IONICOIU
03/07/1968
Adriana Carmen
IORDACHE
16/02/1964
22/01/2015
16/03/2015
1,012.50
No.
Application no.
Date of introduction
Applicant
Date of birth
Date of receipt of Government ’ s declaration
Date of receipt of applicant ’ s comments
Amount for pecuniary, non-pecuniary damages and costs and expenses [3] per applicant/household (in euros)
Violeta CORCOVEANU
23/11/1965
Stelian VOICU
02/05/1959
Milica IONESCU
05/08/1953
Doina DOROBANÈšU
13/05/1958
Doinița VĂDUVA
21/04/1962
Ioseev NEAGOE
08/07/1957
Veronica DOMNIȘORU
03/04/1969
Household
Alexandru COJOCARU
02/08/1957
Georgeta- Rodica COJOCARU
27/02/1958
No.
Application no.
Date of introduction
Applicant
Date of birth
Date of receipt of Government ’ s declaration
Date of receipt of applicant ’ s comments
Amount for pecuniary, non-pecuniary damages and costs and expenses [4] per applicant/household (in euros)
10964/14
25/01/2014
Carmen-Mariana SÄ‚SEANU
23/02/1977
21/01/2015
25/03/2015
1,620
11624/14
29/01/2014
Cristina CIUCÄ‚
07/04/1973
22/01/2015
26/03/2015
1,350
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.
[3] Plus any tax that may be chargeable to the applicants.
[4] Plus any tax that may be chargeable to the applicants.
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