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CIURAR AND OTHERS v. ROMANIA

Doc ref: 46837/16;64484/16;71384/16;4616/17;6346/17;29786/17;29790/17 • ECHR ID: 001-214122

Document date: November 10, 2021

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CIURAR AND OTHERS v. ROMANIA

Doc ref: 46837/16;64484/16;71384/16;4616/17;6346/17;29786/17;29790/17 • ECHR ID: 001-214122

Document date: November 10, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 46837/16 Victor CIURAR against Romania and 6 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 10 November 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 2 December 2021.

{signature_p_2}

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]

46837/16

20/10/2016

Victor CIURAR

1981Aurel Teodor Muntean

Sibiu

09/09/2021

20/09/2021

3,000

64484/16

12/12/2016

Ioan IVANCIUC

1987

14/10/2021

06/08/2021

3,000

71384/16

23/11/2016

Gyula Csaba GACSO

1978Vasile RareÅŸ Biro

Satu Mare

09/09/2021

23/09/2021

3,000

4616/17

22/12/2016

Gabriel-Alin PĂCURAR

1984

14/10/2021

15/10/2021

3,000

6346/17

03/02/2017

Emanuel SIMION

1980

14/10/2021

02/08/2021

5,000

29786/17

18/05/2017

Nadia VĂDEANU

1978

14/10/2021

06/08/2021

3,000

29790/17

16/05/2017

Romeo VĂDEANU

1975

14/10/2021

05/08/2021

3,000

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

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