FOURTH SECTION
DECISION
Application no. 41193/15
Valentin RĂCEANU against Romania
and 16 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 6 October 2022 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
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”).
After unsuccessful friendly-settlement negotiations, the Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the inadequate conditions of detention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 applicants informed the Court that they agreed to the terms of the declarations.
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 finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore 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 the 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 27 October 2022.
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
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
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
41193/15
30/12/2015
Valentin RĂCEANU
1977
Claudia Nadina Daciana Cândea
Timișoara
11/01/2022
17/08/2022
2,700
51044/15
18/01/2016
Petre-Aurel NEACŞU-IACOV
1978
11/01/2022
08/03/2022
2,700
53856/15
21/12/2015
Florian-Tudor EBÎNCĂ
1979
11/01/2022
09/08/2022
4,500
1724/16
22/12/2016
Mihai ŞERBAN
1980
Ioan Serban
Cracaoani
17/01/2022
02/03/2022
4,500
2809/16
22/04/2016
Zaharia STAN
1988
11/03/2022
03/08/2022
900
8141/16
29/07/2016
Florin DUMITRU
1991
11/01/2022
09/03/2022
2,700
16976/16
03/06/2016
Dumitru ZMARANDA
1968
Maria Zmaranda
Râmnicu Vâlcea
11/01/2022
04/03/2022
2,700
18306/16
14/11/2016
Octavian-Lucian BELDIMAN
1970
11/01/2022
19/04/2022
4,500
43625/16
08/09/2016
Constantin SAVA
1977
17/01/2022
24/03/2022
4,500
46334/16
29/08/2016
Costel ZOLTAN
1960
01/02/2022
21/03/2022
2,700
46376/16
03/08/2016
Marin-Cătălin CĂTĂNESCU
1977
Roxana Claudia Cătănescu
Craiova
03/11/2021
13/01/2022
2,700
56677/16
22/09/2016
Loredana-Claudia RADU
1971
Eugen Constantin Iordăchescu
Cluj-Napoca
21/12/2021
17/01/2022
900
57523/16
26/09/2016
Ion DUMITRA
1982
03/11/2021
03/02/2022
2,700
59609/16
07/10/2016
Ghiocel-Florentin PETREA
1980
11/01/2022
01/03/2022
2,700
76672/16
16/01/2017
Alexandru-Silviu GRIGORE
1990
11/01/2022
09/08/2022
2,700
77512/16
20/02/2017
Daniel-Ionuţ MITICĂ
1990
11/01/2022
01/03/2022
2,700
77526/16
01/02/2017
Teodor-Cristian COCOŞ
1981
11/01/2022
08/03/2022
2,700
[1] Plus any tax that may be chargeable to the applicants.