THIRD SECTION
DECISION
Application no 68562/12
Gheorghe Dorin RĂCHITĂ against Romania
and 6 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 1 October 2015 as a Committee composed of:
Valeriu Griţco, President,
Branko Lubarda,
Mārtiņš Mits, 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 22 October 2015.
Hasan BakırcıValeriu Griţco
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
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount for pecuniary, non-pecuniary damages and costs and expenses per applicant
(in euros)[1]
68562/12
11/10/2012
Gheorghe Dorin RĂCHITĂ
27/01/1972
20/05/2015
12/05/2015
3,000
26600/13
12/04/2013
Petre ŢIU
23/08/1968
04/05/2015
10/03/2015
4,700
56709/13
03/09/2013
Adrian Daniel Ionel TIMIȘ
15/12/1981
09/02/2015
02/06/2015
3,900
71337/13
08/11/2013
Gheorghe GRECU
07/07/1957
26/05/2015
18/05/2015
7,400
75982/13
26/11/2013
Daniel Liviu LITAN
05/07/1975
29/05/2015
11/03/2015
5,100
253/14
17/12/2013
Nistor Adrian STANCIU
01/12/1980
26/05/2015
18/05/2015
5,100
1133/14
19/12/2013
Nicolae FRANK
12/10/1945
12/05/2015
04/02/2015
3,000
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy