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GHAZIRI AND OTHERS v. ROMANIA

Doc ref: 28782/16;38554/16;39068/16;45498/16;47884/16;48283/16;53459/16;56588/16;31728/17;57387/17 • ECHR ID: 001-216559

Document date: February 24, 2022

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GHAZIRI AND OTHERS v. ROMANIA

Doc ref: 28782/16;38554/16;39068/16;45498/16;47884/16;48283/16;53459/16;56588/16;31728/17;57387/17 • ECHR ID: 001-216559

Document date: February 24, 2022

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 28782/16 Rami GHAZIRI against Romania and 9 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 24 February 2022 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy 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 3 of the Convention concerning the inadequate conditions of detention 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 inadequate conditions of detention. 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 applicants were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. In applications nos. 28782/16 and 39068/16 the applicants replied, indicating that they were not satisfied with the terms of the unilateral declarations on the ground that they did not intend to settle the case this way. Concerning the remaining applications, the Court has not received a response from the applicants accepting the terms of the declarations.

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 application”.

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, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).

The Court has established clear and extensive case-law concerning complaints relating to the inadequate conditions of detention (see, for example, RezmiveÈ™ and Others v. Romania, nos. 61467/12 and 3 others, 25 April 2017).

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 (see 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 17 March 2022.

Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

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) [1]

28782/16

16/05/2016

Rami GHAZIRI

1975Gheorghe Dragomir

Bucharest

25/11/2021

05/01/2022

2,700

38554/16

21/07/2016

Nicolae NEAGU

1985

25/11/2021

2,700

39068/16

10/10/2016

Daniel-Bujor BLEDEA

1964

25/11/2021

19/01/2022

2,700

45498/16

30/08/2016

Marian-Mihăiță DOGARU

1980

25/11/2021

2,700

47884/16

01/09/2016

Petru ATÄ‚NÄ‚SOAIE

1976

25/11/2021

2,700

48283/16

06/09/2016

Ioan BERTEA

1988

25/11/2021

900

53459/16

26/09/2016

Cristinel-Marian STERIE

1988Mocanu Cătălin

Focșani

25/11/2021

2,700

56588/16

18/10/2016

Petrică ADÎR

1970

25/11/2021

2,700

31728/17

31/05/2017

Cornel-Constantin GHEMULEÈš

1979

25/11/2021

900

57387/17

18/07/2017

Gheorghe CIURAR

1971Claudia Nadina Daciana Cândea

Timișoara

25/11/2021

2,700

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

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