FOURTH SECTION
DECISION
Application no. 56621/14
Nicolae-Iulian HOCA against Romania
and 20 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 15 November 2018 as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, 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 6 December 2018.
Liv TigerstedtGeorges Ravarani
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]
56621/14
05/02/2015
Nicolae-Iulian Hoca
02/02/1978
12/10/2018
25/05/2018
3,000
9122/15
18/03/2016
Constantin Maradin
23/01/1974
12/10/2018
23/05/2018
3,000
16226/15
16/04/2015
Louis-Cosmin Henic
01/07/1981
Cristina Zerea
Bucharest
12/10/2018
09/05/2018
3,000
37621/15
31/08/2015
Alexandru Holban
05/11/1987
12/10/2018
03/04/2018
3,000
42539/15
27/06/2016
Radu Oprişan
21/09/1964
12/10/2018
04/01/2018
3,000
42787/15
22/12/2015
Mihai Asoltanie
20/01/1973
12/10/2018
07/03/2018
3,000
49394/15
30/09/2015
Ilie Zahariuc
20/07/1963
Brândușa Zahariuc
Siret
12/10/2018
28/03/2018
3,000
51041/15
29/12/2015
Stelian Pîrvu
21/05/1974
12/10/2018
01/03/2018
3,000
52159/15
21/01/2016
Florea Cetăţeanu
23/04/1954
12/10/2018
04/04/2018
5,000
54382/15
17/12/2015
Ion Tofan
03/05/1976
12/10/2018
26/03/2018
5,000
54551/15
20/01/2016
Gheorghe-Aurel Ioniță
26/07/1967
17/09/2018
11/01/2018
3,000
56191/15
17/02/2016
Florin-Ovidiu Dinu
21/12/1982
12/10/2018
20/02/2018
3,000
1884/16
03/05/2016
Florinel-Iulian Olaru
01/12/1971
Rodica Țîrdea
Huși
27/09/2018
20/07/2018
3,000
9204/16
03/03/2016
Marian Radu
24/02/1984
12/10/2018
27/04/2018
1,000
12936/16
24/03/2016
Marius-Rareș Sipos
06/10/1981
12/10/2018
20/06/2018
3,000
13021/16
24/03/2016
Robert Panaite
09/03/1993
16/10/2018
09/03/2018
3,000
18990/16
15/07/2016
Mihai Florea
21/01/1969
09/10/2018
08/10/2018
3,000
19323/16
04/05/2016
Mihai Ursu
07/08/1979
26/09/2018
04/01/2017
5,000
20628/16
05/05/2016
Corneluș Rîpă
30/11/1961
18/09/2018
06/09/2018
3,000
33336/16
21/07/2016
Sergiu-Robert Dobrea
09/10/1992
06/08/2018
02/10/2018
3,000
53166/16
01/11/2016
Titi Şerbu
31/01/1969
Irina Maria Peter
Bucharest
12/10/2018
06/03/2017
1,000
[1]. Plus any tax that may be chargeable to the applicants.
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