FOURTH SECTION
DECISION
Application no. 4849/16
Remus BACRIȚĂ against Romania
and 24 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 8 March 2018 as a Committee composed of:
Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, judges,
and Liv Tigerstedt, 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 friendly-settlement declarations 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 29 March 2018.
Liv TigerstedtVincent A. De Gaetano
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Date of receipt of Government declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[i]
4849/16
29/02/2016
Remus Bacriță
16/06/1959
Irina Maria Peter
Bucharest
07/02/2018
04/01/2018
3,000
5223/16
22/09/2016
Marius-Adrian Radu
28/02/1981
25/01/2018
11/01/2018
3,000
5469/16
29/02/2016
Constantin Toma
15/12/1961
07/02/2018
15/01/2018
3,000
5708/16
18/10/2016
Nicu Cava
26/12/1967
25/01/2018
08/12/2017
3,000
14187/16
08/04/2016
Paul Dragomir
23/06/1972
25/01/2018
14/12/2017
3,000
15771/16
10/08/2016
Alexandru Apetroaei
15/06/1986
25/01/2018
20/11/2017
3,000
16593/16
13/04/2016
Maricel Ion Marcu
17/06/1977
06/02/2018
10/01/2018
3,000
17438/16
18/05/2016
Florin Guran
20/01/1980
Irina Maria Peter
Bucharest
25/01/2018
08/12/2017
5,000
18447/16
05/05/2016
Ionel Nicolae
24/05/1975
07/02/2018
12/01/2018
3,000
20437/16
20/05/2016
Romică Constantin
10/01/1976
06/02/2018
04/12/2017
3,000
25459/16
02/08/2016
Florin Raț
25/03/1991
Irina Maria Peter
Bucharest
25/01/2018
28/11/2017
3,000
28914/16
17/06/2016
Petrică-Daniel Gigia
30/06/1972
25/01/2018
14/12/2017
5,000
31286/16
18/07/2016
Daniel-Alexandru Danciu
12/05/1974
25/01/2018
02/01/2018
3,000
32005/16
12/07/2016
Ionel Artene
07/12/1975
25/01/2018
17/01/2018
5,000
32469/16
12/07/2016
Aurel-Amon Prodan
19/12/1967
26/01/2018
27/11/2017
3,000
32563/16
27/06/2016
Ştefan Dragu
14/05/1978
17/01/2018
23/01/2018
3,000
34788/16
27/09/2016
Cristian Bucatariu
18/07/1980
25/01/2018
19/12/2017
1,000
35291/16
12/07/2016
Florin-Adrian Năsui
13/02/1982
26/01/2018
07/12/2017
1,000
35997/16
01/08/2016
Marcel Argint
14/09/1960
26/01/2018
13/12/2017
5,000
36731/16
12/07/2016
Paul-Radu Pricopi
29/06/1971
25/01/2018
08/12/2017
1,000
37463/16
20/07/2016
Daniel-Armando Ungureanu
14/10/1994
Irina Maria Peter
Bucharest
26/01/2018
22/11/2017
3,000
41038/16
10/08/2016
Claudiu-Adrian Cioban
10/05/1986
25/01/2018
04/12/2017
3,000
44687/16
27/07/2016
Vasile-Ioan Demeter
18/07/1962
Camelia Gabriela Szekely
Satu Mare
06/02/2018
22/01/2018
3,000
73364/16
22/12/2016
Bogdan-Marian Rusu
29/05/1985
22/01/2018
12/12/2017
3,000
75357/16
29/11/2016
Mitică Mircea
17/07/1969
25/01/2018
16/11/2017
3,000
[i]. Plus any tax that may be chargeable to the applicants.
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