FOURTH SECTION
DECISION
Application no. 1870/15
Fani-Lucian ONOFREI against Romania
and 22 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 8 March 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 29 March 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 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]
1870/15
12/02/2015
Fani-Lucian Onofrei
24/08/1969
07/12/2017
19/01/2018
5,000
2417/16
02/03/2016
Viorel Tudorache
30/01/1960
15/01/2018
11/12/2017
3,000
5835/16
18/03/2016
Cristian-Marian Toma
19/03/1986
26/01/2018
12/12/2017
1,000
9081/16
14/03/2016
Marin Burdușel
20/06/1981
22/01/2018
02/01/2018
3,000
16641/16
19/04/2016
Ionuţ-Vasile Bădără
29/03/1988
25/01/2018
02/01/2018
3,000
19195/16
29/08/2016
Constantin Cojocaru
12/05/1976
22/01/2018
02/01/2018
3,000
19708/16
03/05/2016
Simion Moldovan
14/01/1989
22/01/2018
11/01/2018
1,000
20180/16
13/07/2016
Cosmin Vedinaș
24/08/1989
18/01/2018
12/01/2018
3,000
22046/16
24/05/2016
Marian Cacalete
14/09/1977
17/01/2018
23/01/2018
5,000
22704/16
22/07/2016
Oliviu-Constantin Coșerariu
18/12/1982
22/01/2018
11/12/2017
1,000
23242/16
18/05/2016
Dumitru Feroiu
09/08/1957
22/01/2018
02/01/2018
3,000
24441/16
16/06/2016
George Cezar Chivu
13/06/1986
22/01/2018
04/12/2017
5,000
27432/16
29/08/2016
Silviu-Constantin Trașcă
11/09/1989
22/01/2018
29/11/2017
3,000
31379/16
28/05/2016
Hristache Ariton
29/08/1968
Ionela Mărgărit
Bucharest
15/01/2018
02/01/2018
3,000
32577/16
22/04/2016
Dumitru Gîrbăcea
16/06/1973
26/01/2018
06/12/2017
3,000
33655/16
17/08/2016
Tiberiu Dulányi
26/06/1977
Vasile Rareș Biro
Satu Mare
26/01/2018
12/01/2018
3,000
33701/16
13/07/2016
Florin Emil Drinceanu
29/05/1993
26/01/2018
02/01/2018
3,000
35081/16
21/07/2016
Attila Aczél
27/09/1980
22/01/2018
03/01/2018
3,000
37539/16
15/07/2016
Adrian Rusu
02/03/1974
15/01/2018
29/11/2017
5,000
39832/16
02/08/2016
Constantin Cojocaru
17/02/1957
Irina Maria Peter
Bucharest
25/01/2018
05/12/2017
5,000
43700/16
21/07/2016
Nicu Borş
04/04/1984
Ionela Mărgărit
Bucharest
15/01/2018
02/01/2018
3,000
49461/16
11/08/2016
Porumbiță Răducan
09/08/1963
Ionela Mărgărit
Bucharest
15/01/2018
02/01/2018
3,000
49467/16
11/08/2016
Valerică Ilie
15/06/1971
Ionela Mărgărit
Bucharest
15/01/2018
02/01/2018
1,000
[i]. Plus any tax that may be chargeable to the applicants.
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