FOURTH SECTION
DECISION
Application no. 40341/16
Mihăiţă-Ciprian CISMARU against Romania
and 17 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 30 June 2022 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, 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 the friendly‑settlement declarations, signed by the parties, 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 21 July 2022.
{signature_p_2}
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
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
Year 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]
40341/16
25/08/2016
Mihăiţă-Ciprian CISMARU
1982
20/01/2022
21/02/2022
3,000
40433/16
07/07/2016
Eugen-Costel DIMA
1979
Irina Maria Peter
Bucharest
07/04/2022
02/10/2021
3,000
40499/16
09/08/2016
Teodor KISS
1970
Irina Maria Peter
Bucharest
03/03/2022
03/02/2022
5,000
51363/16
27/09/2016
Gheorghe BALOGH
1990
Vasile Rareş Biro
Satu Mare
23/03/2022
20/10/2021
3,000
3330/17
03/02/2017
Otonel SLABU
1958
07/04/2022
09/11/2021
3,000
10563/17
28/02/2017
Cătălin GHEORGHE
1985
07/04/2022
03/12/2021
3,000
10999/17
01/02/2017
Cătălin-Ionuţ PIETRICICĂ
1984
07/04/2022
15/11/2021
3,000
12031/17
02/03/2017
Petrică OPREA
1983
Irina Maria Peter
Bucharest
07/04/2022
02/10/2021
3,000
19806/17
07/03/2017
Eugen-Florin LĂCĂTUŞ
1974
Ioan Cătălin Daniel Trif
Satu Mare
07/04/2022
24/01/2022
3,000
19815/17
07/03/2017
Daniel DOBAI
1989
Ioan Cătălin Daniel Trif
Satu Mare
07/04/2022
24/01/2022
3,000
20868/17
20/07/2017
Ionuţ-Bogdan FILIP
1988
Marius Popa-Niţu
Bucharest
20/01/2022
09/02/2022
5,000
25352/17
18/03/2017
Ştefan FILEAŢĂ
1969
Andreea-Gabriela Cadar
Galați
27/01/2022
05/04/2022
3,000
28756/17
08/05/2017
Valentin BOGACIU
1978
Irina Maria Peter
Bucharest
07/04/2022
02/10/2021
1,000
32590/17
30/08/2017
Camelia TĂNASE
1962
07/04/2022
15/10/2021
3,000
32671/17
24/04/2017
Dorel SANDU
1970
Andreea-Gabriela Cadar
Galați
20/01/2022
05/04/2022
3,000
33668/17
28/04/2017
Vasile-Augustin POP
1976
Garofiţa Sas
Zalău
07/04/2022
20/12/2021
3,000
60202/17
04/08/2017
Stan-Florin NIŢU
1975
Andreea-Gabriela Cadar
Galați
27/01/2022
05/04/2022
3,000
65128/17
25/08/2017
Cristian Adrian NEAMŢU
1989
Andreea-Gabriela Cadar
Galați
27/01/2022
05/04/2022
3,000
[1] Plus any tax that may be chargeable to the applicants.