FOURTH SECTION
DECISION
Application no. 36298/15
Ion Emil BOTEA against Romania
and 8 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 21 March 2019 as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, 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 11 April 2019.
Liv TigerstedtGeorges Ravarani
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’s name
Date 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]
36298/15
03/02/2016
Ion Emil Botea
02/01/1964
Éva Korodi
Brașov
11/02/2019
01/08/2018
3,000
51986/15
23/12/2015
Szabolcs Noldi Balog
31/12/1989
Camelia Gabriela Szekely
Satu Mare
11/02/2019
13/11/2018
3,000
57988/15
10/01/2016
Ştefan Lezeu
10/09/1971
11/02/2019
22/10/2018
5,000
13620/16
21/04/2016
Cătălin Panoschi
06/10/1981
Irina Maria Peter
Bucharest
26/11/2018
16/08/2018
3,000
14342/16
18/04/2016
Marcel-Ianosică Mihoc
06/06/1991
Irina Maria Peter
Bucharest
11/02/2019
24/10/2018
1,000
16407/16
09/05/2016
Petrică Duroi
11/12/1956
11/02/2019
02/08/2018
3,000
16597/16
17/05/2016
Ciprian-Vasile Radu
23/11/1975
11/02/2019
14/08/2018
3,000
28173/16
16/06/2016
Alexandru Langas
21/02/1990
12/02/2019
11/05/2018
5,000
31326/16
28/05/2016
Petrică Negoiță
04/12/1979
Ionela Mărgărit
Bucharest
11/02/2019
30/11/2018
3,000
[1]. Plus any tax that may be chargeable to the applicants.
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