FOURTH SECTION
DECISION
Application no. 18404/15
Daniel-Sorin CIOBAN against Romania
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 30 March 2017 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Kūris,
Gabriele Kucsko-Stadlmayer, judges,
and Karen Reid, 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 as regards certain complaints concerning the inadequate conditions of detention.
The applicant in case no. 54309/15 also raised a complaint under Article 3 of the Convention in respect of the period of detention prior to 17 November 2014.
The applicant in case no. 16820/16 also raised a complaint under Article 3 of the Convention in respect of the period of detention prior to 26 March 2012.
The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the applications nos. 54309/15 and 16820/16 must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares inadmissible the complaint raised in application no. 54309/15 in respect of the period of detention prior to 17 November 2014 and the complaint raised in application no. 16820/16 in respect of the period of detention prior to 26 March 2012;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention as regards the remaining complaints concerning the inadequate conditions of detention.
Done in English and notified in writing on 4 May 2017.
Karen ReidVincent A. De Gaetano
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 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]
18404/15
22/12/2015
Daniel-Sorin Cioban
22/11/1978
03/01/2017
21/11/2016
5,100
54309/15
25/01/2016
Attila-Zoltan Hathazi
19/11/1970
Daniela Bartoi
Suceava
03/01/2017
23/11/2016
3,000
54951/15
29/10/2015
Ion Vătafu
20/09/1955
Irina-Maria Peter
București
30/12/2016
07/07/2016
7,100
58442/15
14/12/2015
Dănuț-Gheorghe Marincaș
23/08/1978
04/01/2017
09/01/2017
3,000
8709/16
08/02/2016
Vlad-Mihai Teodorovici
05/02/1988
Doiniţa Teodorovici
Brașov
27/12/2016
06/12/2016
6,200
15169/16
08/03/2016
Cătălin Bălănică
10/01/1977
06/01/2017
24/10/2016
4,500
15676/16
11/04/2016
Gheorghiţă Ţandără
10/10/1979
11/01/2017
03/01/2017
3,500
16351/16
20/04/2016
Cristian Mureșan
18/06/1977
11/01/2017
28/11/2016
5,400
16820/16
26/04/2016
Ionel Radu
10/02/1961
03/01/2017
09/12/2016
8,600
18419/16
16/05/2016
Stelian Tecuceanu
27/05/1963
Irina-Maria Peter
București
27/12/2016
05/12/2016
4,400
[1] Plus any tax that may be chargeable to the applicants.
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