FOURTH SECTION
DECISION
Application no. 34717/16
Sorin GABUR against Romania
and 6 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 14 May 2020 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, 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 4 June 2020.
Liv TigerstedtStéphanie Mourou-Vikström
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’s name
Date 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]
34717/16
19/07/2016
Sorin GABUR
11/02/1977
Cecilia Gabur
Răducăneni
24/03/2020
16/03/2020
3,000
39011/16
30/08/2016
Silviu CIOBOTARU
13/07/1991
Alina-Andreea Ciobotaru
Galaţi
19/03/2020
11/03/2020
3,000
39022/16
11/08/2016
Mihai-Alexandru DAHOREA
01/11/1986
19/03/2020
05/03/2020
5,000
42032/16
10/08/2016
Adrian LEPĂDATU
04/03/1974
19/03/2020
27/03/2020
3,000
42300/16
03/10/2016
Ionel STRUGARIU
23/12/1991
Veronica Strugariu
Grădina
19/03/2020
12/03/2020
3,000
44599/16
27/09/2016
Fănel TRIFAN
07/05/1973
Daniela Trifan
Culmea
19/03/2020
03/04/2020
3,000
45968/16
12/10/2016
Valentin CĂLIN
15/11/1979
12/03/2020
16/03/2020
5,000
[1] Plus any tax that may be chargeable to the applicants.
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