FOURTH SECTION
DECISION
Application no. 43937/15
Florin-Bogdan HRISTEA against Romania
and 11 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 13 September 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 4 October 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]
43937/15
18/09/2015
Florin-Bogdan Hristea
02/10/1978
06/08/2018
02/07/2018
1,000
48700/15
17/03/2016
Ioan Bangălă
08/01/1971
Andreea Mihaela Brebenel
Braşov
06/08/2018
12/06/2018
3,000
51972/15
09/11/2015
Ilie Ghimiş
08/02/1968
Irina Maria Peter
Bucharest
01/08/2018
07/03/2018
5,000
163/16
18/01/2016
Vasile Farcaș
25/12/1991
01/08/2018
19/03/2018
3,000
786/16
27/07/2016
Emeric Szabó
05/11/1973
Camelia Gabriela Szekely
Satu Mare
09/07/2018
17/04/2018
3,000
3563/16
11/02/2016
Viorel Manolache
26/11/1978
01/08/2018
12/03/2018
3,000
8110/16
22/02/2016
Claudiu-Florin Banu
23/02/1986
01/08/2018
30/05/2018
3,000
10174/16
07/03/2016
George Lupu
08/05/1965
01/08/2018
07/03/2018
3,000
17628/16
04/05/2016
Cristian Ştefan
04/06/1969
20/07/2018
09/04/2018
5,000
31346/16
28/05/2016
Petrică Ciucă
07/04/1978
Ionela Mărgărit
Bucharest
01/08/2018
08/03/2018
5,000
31361/16
28/05/2016
Marian-Săndel Măruntu
08/07/1994
Ionela Mărgărit
Bucharest
01/08/2018
08/03/2018
3,000
48156/16
23/09/2016
George Alexandru Sandu
12/12/1986
01/08/2018
25/06/2018
3,000
[1]. Plus any tax that may be chargeable to the applicants.
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