LEXI - AI Legal Assistant
Sorry, there was an error communicating with our API.
Try refreshing the page, and if the error persists, please try again in a few minutes.
DUMITRAȘ AND OTHERS v. ROMANIA
Doc ref: 38620/16;66990/16;13216/17;14324/17;18030/17;18044/17;19760/17;43680/17;80219/17 • ECHR ID: 001-223471
Document date: February 2, 2023
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 0
DUMITRAȘ AND OTHERS v. ROMANIA
Doc ref: 38620/16;66990/16;13216/17;14324/17;18030/17;18044/17;19760/17;43680/17;80219/17 • ECHR ID: 001-223471
Document date: February 2, 2023
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 38620/16 Mihai DUMITRAȘ against Romania and 8 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 2 February 2023 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 2 March 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]
38620/16
09/11/2016
Mihai DUMITRAȘ
1969
14/12/2022
08/09/2022
5,000
66990/16
11/11/2016
Ștefan LUPU
1983Alina Gherman
Miroslava
14/12/2022
27/07/2022
5,000
13216/17
10/02/2017
Marian VANÄ‚
1980
14/12/2022
04/08/2022
3,000
14324/17
14/02/2017
Matei MÄ‚RCUÈš
1993Vasile RareÅŸ Biro
Satu Mare
14/12/2022
17/09/2022
3,000
18030/17
28/02/2017
Ionel ILIE
1961Irina Maria Peter
Bucharest
14/12/2022
05/08/2022
3,000
18044/17
01/03/2017
Ciprian-Ioan GHERMAN
1984Ioan Cătălin Daniel Trif
Satu Mare
14/12/2022
10/08/2022
3,000
19760/17
02/03/2017
Lucian-Alexandru SANDU
1992
14/12/2022
26/07/2022
3,000
43680/17
12/06/2017
Constantin TRENTEA
1973Ionela Mărgărit
Bucharest
14/11/2022
06/10/2022
3,000
80219/17
14/11/2017
Gheorghe-Sorin PÄ‚DURARU
1966Lucian Stuparu
Craiova
29/11/2022
07/11/2022
5,000
[1] Plus any tax that may be chargeable to the applicants.
© European Union,
https://eur-lex.europa.eu, 1998 - 2026
