FOURTH SECTION
DECISION
Application no. 72795/13
Dorin Eugen Ioan CUPEȚIU
against Romania
The European Court of Human Rights (Fourth Section), sitting on 3 December 2015 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 application lodged on 18 November 2013,
Having regard to the declaration submitted by the respondent Government on 30 March 2015 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dorin Eugen Ioan Cupețiu, is a Romanian national, who was born in 1964 and lives in Hunedoara. He was represented before the Court by Mr G. Mateuț, a lawyer practising in Cluj Napoca.
The Romanian Government (“the Government”) were represented by their Agent, Mrs C. Brumar, of the Ministry of Foreign Affairs.
The applicant complained under Article 3 of the Convention about the inadequate conditions of detention in Alba Police Inspectorate and in Aiud Penitentiary. The applicant was released on 30 May 2013.
The application was communicated to the Government.
After unsuccessful friendly-settlement negotiations, by letter dated 30 March 2015 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.
They acknowledged a violation of the applicant’s rights guaranteed by Article 3 of the Convention, as regards the applicant’s detention conditions in Alba Police Inspectorate and Aiud Penitentiary. They undertook to pay the applicant 2,700 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Romanian lei at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. This amount will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from 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. They further requested the Court to strike out the application.
On 16 July 2015, the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government’s declaration.
THE LAW
The Court finds that following the applicant’s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.
It therefore 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 its Protocols and finds no reasons to justify a continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 7 January 2016.
Hasan BakırcıVincent A. De Gaetano
Acting Deputy RegistrarPresident
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