FOURTH SECTION
DECISION
Application no. 25401/15
Constantin-Sorin DIMA against Romania
and 13 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 24 May 2018 as a Committee composed of:
Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, 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 14 June 2018.
Liv TigerstedtVincent A. De Gaetano
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 name
Date of birth
Representative 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)[i]
25401/15
11/06/2015
Constantin-Sorin Dima
02/05/1990
24/04/2018
04/01/2018
1,000
44014/15
08/10/2015
Aurel Croitoru
24/03/1958
24/04/2018
08/12/2017
5,000
1639/16
01/03/2016
Akira-Peter Nenciu
28/05/1991
24/04/2018
06/12/2017
3,000
5711/16
02/03/2016
Sergiu-Miklós Bocîrnea
11/07/1994
24/04/2018
12/12/2017
3,000
15353/16
07/04/2016
George Răcaru
18/02/1979
24/04/2018
11/01/2018
3,000
24969/16
31/05/2016
Bogdan-Constantin Hotoboc
13/09/1981
24/04/2018
09/02/2018
1,000
28444/16
14/06/2016
Mihail-Robert Țăndărescu
06/02/1976
24/04/2018
23/01/2018
3,000
31300/16
21/06/2016
Daniel Potcovaru
17/07/1976
24/04/2018
19/01/2018
3,000
39894/16
07/12/2016
Ghiță Ilie
26/02/1970
Irina Maria Peter
Bucharest
24/04/2018
27/11/2017
1,000
40720/16
11/08/2016
Iulian Șopârlă
16/04/1955
Ionela Mărgărit
Bucharest
24/04/2018
02/01/2018
1,000
49458/16
11/08/2016
Ionel Fătu
13/03/1987
Ionela Mărgărit
Bucharest
24/04/2018
08/01/2018
3,000
49471/16
11/08/2016
Stelian Pulciu
19/11/1968
Ionela Mărgărit
Bucharest
24/04/2018
08/01/2018
3,000
49474/16
11/08/2016
Stănică Manolache
18/06/1973
Ionela Mărgărit
Bucharest
24/04/2018
08/01/2018
3,000
49479/16
11/08/2016
Marian Radu
20/08/1991
Ionela Mărgărit
Bucharest
24/04/2018
02/01/2018
3,000
[i]. Plus any tax that may be chargeable to the applicants.
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