FOURTH SECTION
DECISION
Application no. 58574/17
Vasile BAROI against Romania
and 11 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 6 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 27 October 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]
58574/17
02/08/2017
Vasile BAROI
1970
Andreea-Gabriela Cadar
Galați
08/09/2022
09/03/2022
3,000
62308/17
18/08/2017
Florin CĂLIN
1978
Andreea-Gabriela Cadar
Galați
08/09/2022
09/03/2022
5,000
75010/17
17/10/2017
Sorin BOTEZATU
1978
Emiliano Massimo Fichera
Padova
08/09/2022
13/05/2022
3,000
76507/17
20/12/2017
Narcis-Iulian LEANCĂ
1976
Ruxandra Leancă
Miroslava
08/09/2022
31/03/2022
5,000
77533/17
24/10/2017
Anghel POP
1974
Vasile Rareş Biro
Satu-Mare
08/09/2022
01/06/2022
3,000
77665/17
24/10/2017
Armănuț LINGURAR
1981
Vasile Rareş Biro
Satu-Mare
08/09/2022
01/06/2022
3,000
78720/17
06/11/2017
Mihaela-Panseluța NICULIȚĂ
1982
Silviu Ciprian Finică
Bacău
08/09/2022
08/04/2022
5,000
79413/17
09/11/2017
Cristian ARĂU
1978
08/09/2022
03/06/2022
1,000
79952/17
15/11/2017
Gheorghe-Petre-Nicolae MĂȚĂOANU
1985
Norica Mirela Turiac
Bucharest
08/09/2022
01/06/2022
3,000
80066/17
16/11/2017
Lucian-Ștefan PINTILII
1978
08/09/2022
10/06/2022
3,000
83438/17
08/12/2017
Manuela MIHOV
1984
Daniela Tonică
Huși
08/09/2022
21/02/2022
3,000
9183/20
03/03/2020
Cristian-Vlăduț BUȘILĂ
1997
14/07/2022
24/03/2022
1,000
[1] Plus any tax that may be chargeable to the applicants.