FOURTH SECTION
DECISION
Application no. 26514/16
Szilárd KÜSMŐDI against Romania
and 5 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 28 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 18 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]
26514/16
12/08/2016
Szilárd KÜSMŐDI
29/01/1985
22/04/2020
24/04/2020
3,000
29300/16
08/09/2016
Marius-Petrișor MOCĂNIȚĂ
26/05/1977
27/03/2020
21/04/2020
3,000
45259/16
15/09/2016
Grigore-Ioan DORCA
19/11/1976
Vasile Rareș Biro
Satu Mare
24/03/2020
21/04/2020
3,000
53653/16
31/08/2016
Mariana MIHALCA
06/09/1987
27/03/2020
24/04/2020
3,000
60271/16
11/10/2016
Daniel Florin POP
21/10/1991
Vasile Rareș Biro
Satu Mare
22/04/2020
21/04/2020
1,000
4966/17
06/01/2017
Imre TĂMAS
18/12/1987
Vasile Rareș Biro
Satu Mare
13/04/2020
21/04/2020
3,000
[1] Plus any tax that may be chargeable to the applicants.
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