FOURTH SECTION
DECISION
Application no. 11188/14
Adrian PASCU against Romania
and 15 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 28 April 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 19 May 2016.
Hasan BakırcıVincent 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]
11188/14
10/12/2013
Adrian PASCU
20/11/1972
10/03/2016
23/02/2016
6,800
24983/14
19/03/2014
Gică IRAVA
17/07/1976
30/07/2015
26/02/2016
4,200
25675/14
08/05/2014
Adrian EMBER
16/09/1977
14/03/2016
18/03/2016
5,400
25725/14
13/11/2013
Sergiu-Dan ROMAN
11/11/1967
25/02/2016
09/11/2015
3,800
30804/14
08/07/2014
Marius Florin BORDIANU
20/09/1981
03/03/2016
26/02/2016
5,100
40032/14
19/05/2014
Sergiu Claudiu SAVA
10/12/1975
07/09/2015
29/02/2016
3,000
41145/14
08/07/2014
Atila KOCSIS
25/05/1966
18/03/2016
01/03/2016
5,000
47184/14
17/07/2014
Ovidiu-Robert VAIDA
13/03/1989
18/03/2016
16/03/2016
4,800
49345/14
25/07/2014
Costel CÎRJAN
05/11/1984
25/02/2016
16/03/2016
3,000
55846/14
25/08/2014
Ciprian-Marius DODA
08/02/1976
01/10/2015
03/03/2016
3.600
66956/14
30/09/2014
Ion DUMITRACHE
11/02/1970
01/02/2016
08/03/2016
4,100
75624/14
07/01/2015
Ionuț FLOREA
15/06/1991
25/02/2016
12/01/2016
3,000
75673/14
08/12/2014
Iulian-Iosif BĂDA
01/09/1986
25/02/2016
10/11/2015
4,400
76160/14
20/02/2015
Constantin CHILĂU
25/12/1983
Sârbu Anca Raluca
Bucureşti
18/03/2016
10/03/2016
5,400
77023/14
05/01/2015
Gheorghe STANCU
30/08/1968
21/12/2015
14/03/2016
3,500
78596/14
04/02/2015
Marcel Constantin LUCESCU
04/03/1990
01/02/2016
15/02/2016
6,000
[i] Plus any tax that may be chargeable to the applicants.
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