FOURTH SECTION
DECISION
Application no. 39366/14
Răzvan-Dumitru DRAGOMIR against Romania
and 14 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 3 November 2016 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Kūris,
Gabriele Kucsko-Stadlmayer, judges,
and Hasan Bakırcı, 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”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
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 24 November 2016.
Hasan BakırcıVincent A. De Gaetano
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 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]
39366/14
19/01/2015
Răzvan-Dumitru DRAGOMIR
24/11/1985
Irina-Maria PETER
București
05/10/2016
30/09/2016
5,100
53995/14
27/08/2014
Ion BĂDULESCU
31/10/1963
07/10/2016
14/09/2016
6,800
54806/14
03/11/2014
Andrei-Cosmin BOLDIJAR
15/02/1977
03/10/2016
08/08/2016
7,400
69928/14
14/11/2014
Romulus-Tiberiu RUS
05/02/1969
03/10/2016
29/07/2016
15,000
76340/14
26/11/2014
Ion BUJOR
25/10/1971
Marius Victoraş BUJOR
Bulbuceni
10/08/2016
03/10/2016
15,000
34354/15
17/12/2015
Liviu-Daniel JOVREA
30/07/1989
25/08/2016
30/09/2016
5,700
36304/15
15/09/2015
Costel GACIU
09/05/1972
05/10/2016
21/09/2016
3,000
45763/15
15/12/2015
Paul POP
23/04/1963
27/09/2016
05/09/2016
4,500
53029/15
16/11/2015
Victor ROMANIUC
24/07/1967
26/09/2016
05/04/2016
3,800
53944/15
22/10/2015
Francisc CALAMAR
19/09/1960
Teodora-Cătălina
GODÎNCĂ-HERLEA
Cluj-Napoca
05/10/2016
29/09/2016
3,000
53968/15
19/10/2015
Steliana-Maria RUJOIU
13/11/1969
27/09/2016
30/05/2016
3,000
55355/15
11/12/2015
Marinică AMARIE
14/04/1955
Irina-Maria PETER
București
27/09/2016
06/06/2016
15,000
56811/15
09/11/2015
Sorin NICOLAESCU
06/09/1969
24/08/2016
25/05/2016
5,400
3371/16
30/12/2015
Petru MUNTEANU
25/08/1981
Claudia Nadina Daciana CÎNDEA
Timişoara
05/10/2016
16/09/2016
11,600
3561/16
11/01/2016
Florin-Răzvan BREBU
19/03/1986
27/09/2016
12/04/2016
4,700
[i] Plus any tax that may be chargeable to the applicants.
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