FOURTH SECTION
DECISION
Application no. 26027/16
Daniel ANCA against Romania
and 11 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 20 October 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 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 10 November 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]
26027/16
02/06/2016
Daniel ANCA
1978
01/07/2022
17/03/2022
3,000
35398/16
11/07/2016
Alexandru-Dumitru STANCIU
1987
01/07/2022
16/06/2022
3,000
35459/16
29/07/2016
Ion MĂGUREANU
1981
16/02/2022
19/08/2022
5,000
42811/16
08/09/2016
Gheorghe-Marius CRISTEA
1989
01/07/2022
29/04/2022
3,000
44589/16
06/09/2016
Vasile BADEA
1972
01/07/2022
22/03/2022
5,000
46515/16
05/09/2016
Toader PĂDURARU
1969
01/07/2022
30/03/2022
3,000
50591/16
14/09/2016
Constantin BADEA
1957
24/01/2022
06/07/2022
3,000
55638/16
07/10/2016
Cătălin-Virgil CIUPARU
1985
01/07/2022
17/08/2022
3,000
59847/16
08/11/2016
Emilian-Ciprian PINTILIE
1983
01/07/2022
24/03/2022
3,000
62472/16
20/10/2016
Constantin-Ioan MIHAI
1966
Ionela Mărgărit
Bucharest
01/07/2022
13/03/2022
3,000
27061/17
04/04/2017
Gabriella DUMFART-KÖPEFALNAGY
1970
Laszlo Majai
Miercurea Ciuc
16/02/2022
13/07/2022
3,000
44147/17
13/06/2017
Victor GOGONEA
1980
Andreea-Gabriela Cadar
Galați
16/02/2022
07/07/2022
3,000
[1] Plus any tax that may be chargeable to the applicants.