ONICIUC AND OTHERS v. ROMANIA
Doc ref: 64094/16, 65301/16, 66409/16, 66932/16, 16301/17, 19485/17, 19533/17, 39661/17, 41593/17, 476/18, 48... • ECHR ID: 001-215053
Document date: December 9, 2021
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FOURTH SECTION
DECISION
Application no. 64094/16 Constantin ONICIUC against Romania and 12 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 9 December 2021 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 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 the friendly-settlement declarations, signed by the parties, 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 13 January 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 declaration
Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses
per applicant
(in euros) [1]
64094/16
20/01/2017
Constantin ONICIUC
1971
21/10/2021
01/07/2021
5,000
65301/16
01/11/2016
Cristian-Ovidiu VARGA
1983Vasile RareÅŸ Biro
Satu Mare
21/10/2021
23/09/2021
3,000
66409/16
14/12/2016
Ion SUCÄ‚
1968Irina Maria Peter
Bucharest
21/10/2021
21/06/2021
3,000
66932/16
12/01/2017
Rafael-IonuÈ› BÄ‚DOI
1987
03/11/2021
07/07/2021
3,000
16301/17
20/02/2017
Mircea-Dan CATANA
1990Claudia Nadina Daciana Cândea
Timișoara
21/10/2021
15/09/2021
3,000
19485/17
01/03/2017
Răzvan-Vasile POP
1989Ioan Cătălin Daniel Trif
Satu Mare
03/11/2021
05/10/2021
1,000
19533/17
02/03/2017
Maricel IONAȘCU
1975Ionela Mărgărit
Bucharest
03/11/2021
15/07/2021
5,000
39661/17
24/05/2017
Silviu-Andrei LUNG
1986Radu Liviu Chiriţă
Cluj Napoca
03/11/2021
15/09/2021
3,000
41593/17
31/05/2017
Ovidiu-Romeo LĂCĂTUȘ
1976Diana Gabriela Pașcalău
Cluj-Napoca
03/11/2021
11/08/2021
3,000
476/18
12/12/2017
Ştefan-Vasilică MURARIU
1986Andreea-Gabriela Cadar
Galați
03/11/2021
30/06/2021
3,000
483/18
12/12/2017
Costel Răzvan MAVROIAN
1993Andreea-Gabriela Cadar
Galați
03/11/2021
30/06/2021
3,000
2607/18
03/01/2018
Liviu BOBOLEA
1963
03/11/2021
23/09/2021
3,000
5565/18
22/01/2018
Constantin TURTOI
1952
03/11/2021
01/07/2021
3,000
[1] Plus any tax that may be chargeable to the applicants.