FOURTH SECTION
DECISION
Application no. 33298/17
Marian ANTOHI against Romania
and 10 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 20 January 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 February 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]
33298/17
08/06/2017
Marian ANTOHI
1989
01/11/2021
21/12/2020
3,000
34570/17
20/09/2017
Smaranda-Garofița TĂMĂȘAN
1967
01/11/2021
16/10/2020
3,000
34597/17
18/07/2017
Mihai TOMESCU
1946
01/11/2021
22/10/2020
3,000
35021/17
05/05/2017
Alexandru MIULESCU
1961
01/11/2021
16/10/2020
3,000
37576/17
11/05/2017
Cosmin-Răzvan MAREȘ
1975
01/11/2021
16/10/2020
3,000
38579/17
17/05/2017
Gabriel DRĂGUȘIN
1988
Andreea-Gabriela Cadar
Galați
01/11/2021
20/01/2021
5,000
39773/17
22/05/2017
Andrei Bogdan UIVAROȘAN
1987
Șerban-Vlad Cighir
Oradea
01/11/2021
17/12/2020
3,000
59126/17
05/08/2017
Valentin MIRCEA
1980
Andreea-Gabriela Cadar
Galați
01/11/2021
20/01/2021
5,000
59493/17
08/08/2017
Marius TĂNĂSIE
1982
Andreea-Gabriela Cadar
Galați
01/11/2021
20/01/2021
3,000
61725/17
17/08/2017
Cristian HERCIU
1989
Andreea-Gabriela Cadar
Galați
01/11/2021
20/01/2021
3,000
3414/18
06/01/2018
Daniel-Marius COȘTIUG
1966
Nicoleta Iuga
Arad
01/11/2021
05/01/2021
3,000
[1] Plus any tax that may be chargeable to the applicants.