THIRD SECTION
DECISION
Application no. 10639/14
Bogdan Constantin MANTU
against Romania
The European Court of Human Rights (Third Section), sitting on 29 September 2015 as a Committee composed of:
Johannes Silvis, President,
Iulia Antoanella Motoc,
Carlo Ranzoni, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 6 March 2014,
Having regard to the declaration submitted by the respondent Government on 26 May 2015 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Bogdan Constantin Mantu, is a Romanian national who was born in 1990 and lives in Bârlad.
The Romanian Government (“the Government”) were represented by their Agent, Mrs C. Brumar, of the Ministry of Foreign Affairs.
The applicant complained under Article 3 of the Convention about the inhuman conditions of his detention, namely overcrowding, poor hygiene and poor quality of food and medical care in Iasi, Rahova and Vaslui Prisons. In addition, he complained of being subjected to passive smoking in Vaslui Prison.
The application had been communicated to the Government on 13 June 2014.
THE LAW
After unsuccessful friendly-settlement negotiations, by a letter of 26 May 2015 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the application. They further requested the Court to strike out the application.
The declaration provided as follows:
“The Government declare, by way of this unilateral declaration, their acknowledgement of the violation of Article 3, as regards conditions of detention from 9 May 2012 to 18 December 2013 and from 3 June 2014 to 23 July 2014.
The Government are prepared to pay to Mr. Mantu Bogdan Constantin, as just satisfaction, the sum of 3,600 EUR (three thousand and six hundred Euros), amount they consider reasonable in the light of the Court’s case-law. This sum is to cover all damage as well as the costs and expenses and will be free of any taxes that may be applicable. This sum will be payable in Rornanian lei at the rate applicable at the date of payment to the personal account of the applicant within three months from the date of the notification of the decision pursuant to Article 37 § 1 of the Convention. In the event of failure to pay this sum within the said period, the Government undertake to pay simple interest on it, from 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. Therefore, the Government respectfully invite the Court rule that the examination of the present application is no longer justified and to strike the application out of its list of cases, pursuant to Article 37 § 1 (c) of the Convention.”
By a letter of 7 July 2015, the applicant indicated that he was satisfied with the terms of the unilateral declaration.
The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties. It therefore 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 its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 22 October 2015.
Marialena TsirliJohannes Silvis
Deputy RegistrarPresident
Full & Egal Universal Law Academy