FOURTH SECTION
DECISION
Application no. 38534/15
Marius NICULESCU against Romania
and 13 other applications
(see table appended)
The European Court of Human Rights (Fourth Section), sitting on 12 April 2018 as a committee composed of:
Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, 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 3 May 2018.
Liv TigerstedtVincent A. De Gaetano
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 name
Date of birth
Representative 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)[i]
38534/15
08/08/2015
Marius Niculescu
30/04/1987
20/02/2018
08/01/2018
3,000
42504/15
29/12/2015
Vasile-Cristinel Manolescu
30/06/1968
Nicoleta-Mihaela Manolescu
Mioveni
16/02/2018
12/01/2018
3,000
43333/15
01/02/2016
Robert Mihail
06/02/1974
Irina Maria Peter
Bucharest
19/02/2018
14/02/2018
3,000
44644/15
08/02/2016
Costel Soare
14/02/1975
19/02/2018
23/02/2018
3,000
3918/16
04/02/2016
Lucian Simion
30/08/1981
16/02/2018
15/01/2018
3,000
4494/16
04/02/2016
Adrian-Eugeniu Buzdugan
06/07/1976
16/02/2018
10/01/2018
3,000
8101/16
01/02/2016
Dumitru-Daniel Diaconescu
09/06/1988
16/02/2018
05/01/2018
3,000
14388/16
04/05/2016
Lucian Bordeianu
05/09/1976
Irina Maria Peter
Bucharest
15/03/2018
08/12/2017
3,000
16045/16
26/04/2016
Florin-Adrian Şişcu
15/09/1989
Irina Maria Peter
Bucharest
28/02/2018
09/01/2018
3,000
24042/16
11/05/2016
Florin-Cătălin Cantimir
01/04/1972
16/02/2018
24/01/2018
3,000
34676/16
04/07/2016
Petru-Gabriel Cara
30/06/1985
19/02/2018
26/02/2018
3,000
45110/16
26/07/2016
Costel Colceru
16/05/1988
Ionela Mărgărit
Bucharest
07/02/2018
05/03/2018
3,000
49443/16
11/08/2016
Emil Ardeleanu
24/10/1962
Ionela Mărgărit
Bucharest
19/02/2018
12/01/2018
5,000
1435/17
14/12/2016
Sirous Famir
02/04/1971
Irina Maria Peter
Bucharest
16/02/2018
09/01/2018
3,000
[i]. Plus any tax that may be chargeable to the applicants.
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