FOURTH SECTION
DECISION
Application no. 72263/13
Grafi Lucian COZIANU against Romania
and 14 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 13 September 2018 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 4 October 2018.
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]
72263/13
11/11/2013
Grafi Lucian Cozianu
02/11/1971
Irina Maria Peter
Bucharest
01/08/2018
12/02/2018
3,000
61189/15
15/02/2016
24131/15
05/10/2015
Bogdan Nădejde
16/12/1984
06/06/2018
22/01/2018
3,000
34640/15
29/12/2015
Costel Constantin
06/01/1983
Irina Maria Peter
Bucharest
01/08/2018
09/03/2018
5,000
40213/15
23/11/2015
Ionel Florea
21/12/1977
01/08/2018
19/03/2018
3,000
6539/16
17/02/2016
Bogdan Mărinceanu
25/06/1987
27/07/2018
03/05/2018
3,000
10837/16
04/05/2016
Gyula Zsolt Bedő
25/09/1985
27/07/2018
07/03/2018
3,000
13064/16
08/04/2016
Grigore-Nicolae Dănilă
21/02/1981
Ionela Mărgărit
Bucharest
01/08/2018
05/03/2018
3,000
15647/16
29/02/2016
Marian Calcan
20/02/1975
Daniela Calcan
Târgu- Mureș
01/08/2018
04/05/2018
1,000
20453/16
09/05/2016
Dănuţ-Emanuel Niţoi
27/06/1986
Irina Maria Peter
Bucharest
01/08/2018
12/03/2018
3,000
20967/16
25/05/2016
Sandor-Barna Kanalaș
25/02/1981
Vasile Rareș Biro
Satu Mare
27/07/2018
22/03/2018
3,000
21700/16
24/05/2016
Ciprian-Marian Hanc
27/08/1987
25/05/2018
25/04/2018
3,000
22202/16
09/05/2016
Florinel Moraru
08/03/1994
Irina Maria Peter
Bucharest
01/08/2018
09/03/2018
3,000
31360/16
28/05/2016
Vasile Lăbonțu
22/10/1966
Ionela Mărgărit
Bucharest
01/08/2018
05/03/2018
3,000
48538/16
13/09/2016
Marian Dumitru
12/10/1956
Irina Maria Peter
Bucharest
27/07/2018
01/03/2018
3,000
[1]. Plus any tax that may be chargeable to the applicants.
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