FOURTH SECTION
DECISION
Application no. 33653/16
Gheorghe-Viorel BUHAI against Romania
and 21 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 5 July 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 26 July 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’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)[i]
33653/16
14/07/2016
Gheorghe-Viorel Buhai
13/11/1972
24/05/2018
08/01/2018
3,000
38659/16
23/09/2016
Silviu-Sorin Stroia
07/09/1985
24/05/2018
26/01/2018
3,000
43318/16
11/08/2016
Ioan Postolache
16/03/1968
24/05/2018
11/01/2018
3,000
44450/16
21/11/2016
Nicolae Kovacs
29/02/1980
16/02/2018
17/05/2018
3,000
45058/16
26/07/2016
Florea Stancu
13/04/1963
Ionela Mărgărit
Bucharest
24/05/2018
12/01/2018
3,000
45755/16
27/09/2016
Marius Dumitru Isac
17/10/1979
09/05/2018
19/02/2018
3,000
49453/16
11/08/2016
Cătălin Damoc
15/10/1989
Ionela Mărgărit
Bucharest
28/05/2018
12/02/2018
3,000
49511/16
07/10/2016
Florin Daniel Țurcanu
20/12/1986
27/04/2018
18/05/2018
3,000
50724/16
08/11/2016
Constantin Coşconea
16/02/1960
Irina Maria Peter
Bucharest
23/05/2018
09/01/2018
3,000
51373/16
13/10/2016
Nistor Cantaragiu
17/12/1989
28/05/2018
28/02/2018
3,000
51484/16
26/09/2016
Alexandru Petre
28/03/1981
25/04/2018
24/05/2018
5,000
51598/16
07/10/2016
Valentin Stanciu
29/08/1987
23/05/2018
15/01/2018
3,000
52003/16
15/11/2016
Gheorghe Mihai
17/11/1979
Irina Maria Peter
Bucharest
23/05/2018
09/01/2018
3,000
52477/16
30/08/2016
Emeric Arpad Karolyi
21/07/1988
24/05/2018
11/01/2018
3,000
52971/16
02/09/2016
Adrian-Marius Ardelean
26/12/1990
Mona-Luiza Popescu
Arad
24/05/2018
29/01/2018
3,000
55685/16
12/10/2016
Marin Marin
01/01/1987
23/05/2018
25/01/2018
3,000
58879/16
07/11/2016
Virginia-Georgiana Badea
14/07/1993
Andrei Miron
Craiova
23/05/2018
15/01/2018
3,000
59881/16
07/10/2016
Ghiță Grigoriță
13/12/1988
Ionela Mărgărit
Bucharest
24/05/2018
08/01/2018
3,000
59905/16
07/10/2016
Vasile-Viorel Pavel
16/05/1985
Ionela Mărgărit
Bucharest
24/05/2018
08/01/2018
3,000
59919/16
07/10/2016
Marcel Popa
28/07/1991
Ionela Mărgărit
Bucarest
24/05/2018
02/01/2018
3,000
59945/16
07/10/2016
Costică Petrea
09/02/1975
Mărgărit Ionela
Bucarest
24/05/2018
08/01/2018
3,000
66977/16
04/11/2016
Georgiana-Marilena Bucur
25/06/1986
Emanuela-Vasilica Nan
Bucharest
23/05/2018
29/03/2018
3,000
[i]. Plus any tax that may be chargeable to the applicants.
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