FOURTH SECTION
DECISION
Application no. 36090/16
Constantin-Emil BERECHET against Romania
and 10 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 2 June 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 23 June 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]
36090/16
20/07/2016
Constantin-Emil BERECHET
1972
06/05/2022
20/10/2021
3,000
37046/16
22/07/2016
Terente-Ioan-Vasile LUCHIAN
1970
06/05/2022
15/11/2021
3,000
37886/16
01/08/2016
Dan LUNGU
1967
06/05/2022
05/11/2021
3,000
38844/16
17/08/2016
Elemer-Achim VENCZEL
1991
Vasile Rareş Biro
Satu Mare
06/05/2022
20/10/2021
3,000
38912/16
29/08/2016
Dorinel-Iulius ȚUGUI
1971
Irina Maria Peter
Bucharest
06/05/2022
02/10/2021
5,000
39119/16
18/10/2016
Geani CHIRIȚĂ
1983
06/05/2022
01/10/2021
3,000
39389/16
14/09/2016
Marian-Alin TATU
1982
Flori-Nicoleta Tobă
Craiova
06/05/2022
01/12/2021
3,000
39635/16
05/08/2016
Béla TAMÁS
1990
06/05/2022
22/12/2021
3,000
50111/16
19/08/2016
Onorus MIRICĂ
1988
06/05/2022
05/11/2021
3,000
50710/16
31/10/2016
Adrian CIUICĂ
1975
06/05/2022
03/01/2022
3,000
50831/16
22/09/2016
Liviu VASILE
1970
06/05/2022
30/09/2021
3,000
[1] Plus any tax that may be chargeable to the applicants.