FOURTH SECTION
DECISION
Application no. 45517/13
Ioan PANDEL against Romania
and 13 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 28 January 2016 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Kūris,
Gabriele Kucsko-Stadlmayer, judges,
and Hasan Bakırcı, 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 February 2016.
Hasan BakırcıVincent A. De Gaetano
Acting Deputy RegistrarPresident
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
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]
45517/13
06/07/2013
Ioan PANDEL
04/01/1975
21/05/2015
14/04/2015
5,300
80819/13
13/12/2013
Sándor VIRÁG
15/12/1980
04/08/2015
31/07/2015
3,600
15303/14
13/03/2014
Gheorghe TIPUS
12/03/1962
27/07/2015
16/07/2015
3,600
39603/14
05/09/2014
Paul Bogdan CHITARU
25/09/1976
03/09/2015
07/09/2015
3,600
47606/14
17/07/2014
Ioan Daniel BRUMĂ
31/08/1983
15/09/2015
30/11/2015
3,000
48913/14
22/08/2014
Marius Constantin PISTOLEA
19/03/1980
24/08/2015
31/03/2015
3,600
52127/14
22/09/2014
Emil NIȚĂ
18/07/1958
03/09/2015
03/08/2015
6,450
52364/14
15/09/2014
Florin Remus FIERARU
08/03/1978
04/08/2015
27/05/2015
3,500
52643/14
25/08/2014
Nicolae NEGRU
03/06/1982
14/09/2015
07/09/2015
3,300
54351/14
17/09/2014
Gheorghe IONESCU
07/08/1967
03/09/2015
26/08/2015
3,000
54931/14
13/10/2014
Cristian CĂZILĂ
13/04/1986
02/10/2015
09/09/2015
3,600
54938/14
05/09/2014
Ovidiu Marcel ARDELEAN
16/07/1988
18/09/2015
31/08/2015
4,100
54940/14
05/09/2014
Teofil Codrin SABOU
26/02/1990
23/09/2015
26/08/2015
5,000
68978/14
09/10/2014
Iulică MONEA
15/01/1979
01/10/2015
07/09/2015
11,900
[i] Plus any tax that may be chargeable to the applicants.
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