FOURTH SECTION
DECISION
Application no. 53325/16
Marian FERARU against Romania
and 14 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 20 January 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 10 February 2022.
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]
53325/16
28/09/2016
Marian FERARU
1979
14/10/2021
10/11/2021
3,000
58712/16
24/10/2016
Ionel SÎRBU
1979
03/11/2021
15/11/2021
3,000
3975/17
16/02/2017
Viorel IORDACHE
1983
14/10/2021
17/11/2021
5,000
7205/17
07/02/2017
Dumitru STANCIU
1962
Irina Maria Peter
Bucharest
02/12/2021
17/08/2021
3,000
10918/17
07/03/2017
Liviu STOICAN
1986
Irina Maria Peter
Bucharest
02/12/2021
17/08/2021
3,000
11945/17
06/02/2017
Nicolae HEGEDŰS
1971
Adrian Stancu
Oradea
02/12/2021
09/07/2021
3,000
24978/17
08/02/2017
Gheorghe ILIE
1971
02/12/2021
23/09/2021
1,000
27395/17
24/07/2017
Costel Alin George PAVĂL
1986
Violeta Pavăl
Brasov
02/12/2021
26/08/2021
1,000
32674/17
20/04/2017
Florin-Angel FILIP
1973
Paul-Cristian Cristea
Oradea
02/12/2021
18/08/2021
1,000
33614/17
19/06/2017
Ionel NICOI
1982
Irina Maria Peter
Bucharest
26/11/2021
17/08/2021
5,000
34485/17
02/05/2017
Ştefan ANTAL
1981
Daniel Curelariu
Caransebes
02/12/2021
28/07/2021
3,000
35533/17
13/06/2017
Viorel PAMFILE
1953
02/12/2021
15/09/2021
3,000
43659/17
27/07/2017
Remus DUNĂ
1978
Doru Ristea
Bucharest
02/12/2021
28/10/2021
5,000
43831/17
12/06/2017
Cătălin GHEORGHE
1973
02/12/2021
27/10/2021
3,000
50058/17
08/08/2017
Mihai RÂZA
1966
02/12/2021
11/08/2021
3,000
[1] Plus any tax that may be chargeable to the applicants.