FOURTH SECTION
DECISION
Application no. 1443/16
Marian PETCOVICI against Romania
and 5 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 20 June 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, 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 11 July 2019.
Liv TigerstedtStéphanie Mourou-Vikström
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’s name
Date of birth
Representative’s
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]
1443/16
29/03/2016
Marian Petcovici
27/05/1979
Irina Maria Peter
Bucharest
25/04/2019
27/07/2018
5,000
17433/16
23/03/2016
Viorel Lazăr
26/05/1982
19/04/2019
29/08/2018
1,000
20398/16
04/04/2016
Georgian Iancu
04/09/1988
George Bogdan Pocovnicu
Bacău
10/04/2019
04/09/2018
3,000
20420/16
09/06/2016
Florin-Nicolae Bloj
04/04/1977
27/03/2019
20/11/2018
3,000
26102/16
08/06/2016
Gheorghe Constantin
23/04/1972
12/04/2019
25/09/2018
3,000
43569/16
21/07/2016
Mircea Nicolae Martocean
26/08/1990
Vasile Rareș Biro
Satu Mare
25/04/2019
21/08/2018
3,000
[i]. Plus any tax that may be chargeable to the applicants.
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