THIRD SECTION
DECISION
Application no. 51671/17
Cătălin-Cristian COSTACHE against Portugal
and 12 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 14 May 2020 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Gilberto Felici, 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 applicants’ details are 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 Portuguese Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under Article 13 of the Convention.
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Portugal 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 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.
Liv TigerstedtDmitry Dedov
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
Other complaints under well-established case-law
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage per applicant (in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
51671/17
12/09/2017
Cătălin-Cristian Costache
05/05/1990
Peter Irina Maria
Bucharest
28/06/2019
16/09/2019
9,000
1,200
65174/17
05/01/2018
Daniel Podasca
03/05/1988
Peter Irina Maria
Bucharest
28/06/2019
23/09/2019
6,500
1,200
79148/17
11/01/2018
Ovidiu-Sorin Rusu
18/09/1983
Peter Irina Maria
Bucharest
28/06/2019
23/09/2019
6,000
1,200
4937/18
05/03/2018
Tiago Salvador dos Santos Paias
31/08/1993
Peter Irina Maria
Bucharest
Art. 13 – lack of an effective remedy in respect of inadequate conditions of detention
28/06/2019
16/09/2019
8,000
1,200
4938/18
04/06/2018
Luís Rafael Ferreira dos Santos
26/11/1980
Peter Irina Maria
Bucharest
28/06/2019
16/09/2019
7,000
1,200
4943/18
05/03/2018
Humberto Roger da Silva Sá
01/07/1986
Peter Irina Maria
Bucharest
28/06/2019
18/09/2019
7,000
1,200
21496/18
30/04/2018
João Carlos Brito
09/09/1981
Novakowski Yvonne Laurel
Lisbon
28/06/2019
24/09/2019
2,000
1,200
27268/18
04/06/2018
Robert Alexandru Ciucă
11/10/1978
Peter Irina Maria
Bucharest
28/06/2019
19/09/2019
7,000
1,200
29197/18
12/06/2018
Marcel Ovidiu Culea
05/02/1987
Peter Irina Maria
Bucharest
28/06/2019
19/09/2019
5,000
1,200
30806/18
29/08/2018
Dorel Stan
25/07/1984
Peter Irina Maria
Bucharest
28/06/2019
26/09/2019
12,500
1,200
31626/18
26/06/2018
Dumitru Tanu
20/09/1993
Peter Irina Maria
Bucharest
28/06/2019
19/09/2019
6,000
1,200
46834/18
24/09/2018
Costel-Lucian Talpău
28/11/1985
Peter Irina Maria
Bucharest
28/06/2019
19/09/2019
7,000
1,200
52771/18
29/10/2018
Khalid Hamdane
09/12/1969
Carreto Vitor
Torres Vedras
Art. 13 – lack of an effective remedy in respect of inadequate conditions of detention
28/06/2019
04/09/2019
10,000
1,200
[1]. Plus any tax that may be chargeable to the applicants.
[2]. Plus any tax that may be chargeable to the applicants.
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