FOURTH SECTION
DECISION
Application no. 39518/13
Bogdan Ionuț CERCHEZ against Romania
and 13 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 3 March 2016 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Kūris,
Gabriele Kucsko-Stadlmayer, judges,
and Hasan Bakırcı, 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 24 March 2016.
Hasan BakırcıVincent A. De Gaetano
Acting Deputy RegistrarPresident
Annex
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
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]
39518/13
11/06/2013
Bogdan Ionuț CERCHEZ
28/03/1988
03/09/2015
26/11/2015
4,500
58879/13
11/03/2014
Constantin DOBRESCU
07/07/1973
03/09/2015
18/12/2015
4,800
77880/13
05/12/2013
Ionuț DUMITRU
16/01/1987
04/01/2016
17/03/2015
3,000
10672/14
05/03/2014
Vili ENACHE
04/12/1953
08/12/2015
08/12/2015
4,100
15864/14
03/03/2014
Nicolae STANCIU
23/05/1988
08/02/2016
13/01/2016
5,700
40197/14
24/06/2014
George Dan ȘEITAN
25/07/1992
15/09/2015
24/11/2015
4,100
41174/14
23/06/2014
Sabin FRENȚ
08/04/1974
18/09/2015
08/02/2016
3,600
47026/14
15/12/2014
Alexandru REDEI
24/04/1972
07/01/2016
16/12/2015
5,400
47592/14
21/08/2014
László BARTA
16/08/1981
30/09/2015
05/02/2015
4,500
58541/14
08/12/2014
Adrian Gabriel SUCIU
06/12/1976
04/01/2016
16/12/2015
8,300
65128/14
30/10/2014
Vasile Gabriel MEDAN
26/04/1985
01/02/2016
08/01/2016
8,000
77736/14
03/02/2015
Robert Rudolf CIUCUR
01/06/1980
01/02/2016
05/02/2016
4,800
2691/15
14/02/2015
Gheorghe RADU
22/10/1954
01/02/2016
12/01/2016
3,000
4075/15
27/02/2015
Mihai DULERCEA
23/10/1971
01/02/2016
01/02/2016
3,000
[i] Plus any tax that may be chargeable to the applicants.
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