FOURTH SECTION
DECISION
Application no. 68961/14
Ioan KOVACS-BUIAN against Romania
and 7 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 30 March 2017 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Kūris,
Gabriele Kucsko-Stadlmayer, judges,
and Karen Reid, 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”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
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 as regards certain complaints concerning the inadequate conditions of detention.
The applicant in case no. 52973/15 also raised a complaint under Article 3 of the Convention in respect of the period of detention from 5 December 2012 to 27 February 2014.
The applicant in case no. 55522/15 also raised a complaint under Article 3 of the Convention in respect of the period of detention from 26 March 2012 to 12 November 2012.
The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the applications nos. 52973/15 and 55522/15 must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the complaints about the periods of detention from 5 December 2012 to 27 February 2014 and 26 March 2012 to 12 November 2012 in applications nos. 52973/15 and 55522/15 respectively, inadmissible;
Decides to strike the remainder of the applications out of its list of cases in accordance with Article 39 of the Convention as regards the complaints concerning the inadequate conditions of detention.
Done in English and notified in writing on 4 May 2017.
Karen ReidVincent A. De Gaetano
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]
68961/14
10/11/2014
Ioan Kovacs-Buian
31/03/1978
28/11/2016
10/11/2016
7,200
39633/15
28/10/2015
Marian Văcărescu
17/07/1988
05/12/2016
18/11/2016
6,600
43167/15
02/10/2015
Vasile Stan
11/03/1985
Szekely Camelia Gabriela
Satu Mare
10/10/2016
10/11/2016
5,000
44830/15
25/01/2016
Ion Iovan
11/08/1959
14/12/2016
30/11/2016
15,000
52704/15
29/01/2016
Claudiu Talpoş
29/08/1981
14/12/2016
05/12/2016
6,900
52973/15
20/11/2015
Georgian Lungu
06/07/1987
01/11/2016
14/12/2016
4,100
55522/15
26/11/2015
Ionel Gîlcă
22/01/1981
24/11/2016
05/10/2016
6,800
61615/15
05/01/2016
Dragoș-Mihai Roman
25/08/1987
24/11/2016
10/10/2016
3,000
[i]. Plus any tax that may be chargeable to the applicants.
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