FOURTH SECTION
DECISION
Application no. 41139/14
Gabriel-Alexandru FODOR against Romania
and 11 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 1 December 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”).
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 20 December 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]
41139/14
23/06/2014
Gabriel-Alexandru FODOR
27/08/1971
24/08/2016
06/10/2016
3,900
77366/14
19/01/2015
Ioan-Marius DUMITRU
26/01/1978
Irina-Maria PETER
București
07/10/2016
30/09/2016
6,900
222/15
04/03/2015
Juan-Carlos MOLINA-UMANA
02/01/1985
Irina-Maria PETER
București
05/10/2016
10/06/2016
3,000
3527/15
30/01/2015
Remus Ion ROŞCA
12/07/1970
05/10/2016
08/09/2016
7,700
3601/15
09/02/2015
Ștefan ALEXE
24/06/1979
Cristina Adina ȘTEFAN
Bogati
25/08/2016
25/07/2016
4,200
18122/15
05/05/2015
Cristian CORPODEAN
04/08/1976
03/10/2016
02/09/2016
8,300
18729/15
13/05/2015
Mircea MOLDOVAN
28/09/1968
03/10/2016
26/08/2016
6,300
41655/15
14/09/2015
Vasile DĂNESCU
31/10/1977
05/10/2016
09/09/2016
4,700
50505/15
03/11/2015
Constantin PRUNARU
03/05/1993
07/10/2016
03/08/2016
3,500
51773/15
23/11/2015
Vasile TUPIȘCA
08/03/1985
05/10/2016
25/07/2016
3,000
60530/15
02/12/2015
Daniel BULIGA
19/11/1968
05/10/2016
12/08/2016
3,300
8342/16
03/02/2016
Vasile-Marcel GLIȚIA
01/03/1983
Adrian STANCU
Oradea
05/10/2016
20/06/2016
3,000
[i] Plus any tax that may be chargeable to the applicants.
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