FOURTH SECTION
DECISION
Application no. 34638/15
Pompei-Ionel BACIU against Romania
and 3 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 21 September 2017 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
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 Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the inadequate conditions of detention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 applicants informed the Court that they agreed to the terms of the declarations.
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 finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore 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 the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the inadequate conditions of detention.
The applicant in case no. 20430/16 also raised complaints under Article 3 of the Convention in respect of a period of detention from 27 April 2006 to 30 June 2014.
The Court has examined these complaints and considers that the facts or measures complained of occurred more than six months before the date on which the complaints were submitted to the Court. Accordingly these complaints have been submitted too late for the purposes of Article 35 § 1 of the Convention.
It follows that this part of the application no. 20430/16 was lodged out of time and must be rejected pursuant to Article 35 §§ 1 and 4 of the Convention.
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 as regards the complaints concerning the inadequate conditions of detention;
Declares the remainder of the application no. 20430/16 inadmissible.
Done in English and notified in writing on 12 October 2017.
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’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[i]
34638/15
01/09/2015
Pompei-Ionel Baciu
13/06/1991
04/11/2016
12/01/2017
4,770
53213/15
10/11/2015
Adrian Onişor
08/08/1992
28/10/2016
16/12/2016
6,390
15240/16
17/05/2016
Ioan Florentin Patraş
02/08/1980
15/12/2016
19/04/2017
2,700
20430/16
21/05/2016
Ioan-Ovidiu Costina
16/06/1969
Irina Maria Peter
Bucharest
01/03/2017
27/04/2017
4,230
[i]. Plus any tax that may be chargeable to the applicants.
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