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PLEȘCAN AND OTHERS v. ROMANIA
Doc ref: 42761/16;63027/16;18056/17;38708/17;42218/17;43743/17;46450/17;47544/17;59359/17;81259/17 • ECHR ID: 001-222553
Document date: December 8, 2022
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PLEȘCAN AND OTHERS v. ROMANIA
Doc ref: 42761/16;63027/16;18056/17;38708/17;42218/17;43743/17;46450/17;47544/17;59359/17;81259/17 • ECHR ID: 001-222553
Document date: December 8, 2022
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 42761/16 Constantin PLEȘCAN against Romania and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 8 December 2022 as a Committee composed of:
Armen Harutyunyan , President , Anja Seibert-Fohr, 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 12 January 2023.
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]
42761/16
10/01/2017
Constantin PLEȘCAN
1956
03/11/2022
27/07/2022
3,000
63027/16
10/02/2017
Dorin BURICU
1989
03/11/2022
30/06/2022
3,000
18056/17
28/02/2017
Ilie-Iosif NÄ‚SÄ‚LEAN
1979
03/11/2022
07/09/2022
3,000
38708/17
17/05/2017
Constantin HORÈšEA
1985Andreea-Gabriela Cadar
Galați
03/11/2022
07/07/2022
3,000
42218/17
18/10/2017
Petre-Ioan SAVU
1979
03/11/2022
18/07/2022
3,000
43743/17
09/06/2017
Ionel GUGOAȘĂ
1955Cornel Dumea
Roman
03/11/2022
30/06/2022
3,000
46450/17
20/06/2017
Marius-Viorel FRENÈšESCU
1978Daniela Tonică
Husi
03/11/2022
02/06/2022
3,000
47544/17
23/06/2017
Răzvan-Marius POP
1983Livia Gabriela Dulămiță
Dej
03/11/2022
22/06/2022
3,000
59359/17
04/08/2017
Nicolae VIZIRU
1966Andreea-Gabriela Cadar
Galați
03/11/2022
07/07/2022
3,000
81259/17
27/02/2018
Anghel-Răducu IACOB
1983Daniela Zaharia Mănescu
Bucharest
03/11/2022
08/09/2022
3,000
[1] Plus any tax that may be chargeable to the applicants.
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