FOURTH SECTION
DECISION
Application no. 76937/14
Francisc-Iulian RADULY against Romania
and 20 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 5 July 2018 as a Committee composed of:
Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, 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 26 July 2018.
Liv TigerstedtVincent 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’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]
76937/14
06/10/2014
Francisc-Iulian Raduly
22/07/1971
28/05/2018
22/03/2018
3,000
10391/15
17/09/2015
Ovidiu Chiriac
17/11/1982
24/05/2018
20/02/2018
3,000
31958/15
21/09/2015
Augustin-Constantin Comiza
29/08/1966
23/05/2018
12/01/2018
3,000
34087/15
04/02/2016
Ludovic-Ciprian Majlat
02/02/1983
28/05/2018
01/03/2018
3,000
38874/15
01/09/2015
Victor Roman
07/08/1977
23/05/2018
22/01/2018
3,000
40843/15
09/09/2015
Horică Muntean
10/11/1957
28/05/2018
04/04/2018
3,000
41206/15
02/09/2015
Mihai Ionuţ Voinete
05/10/1988
28/05/2018
07/03/2018
3,000
44651/15
18/02/2016
Olivér-János Fejér
15/11/1981
29/05/2018
26/04/2018
3,000
45163/15
27/01/2016
Florian-Ionuţ Ioniţă
13/05/1978
24/05/2018
19/02/2018
5,000
47771/15
23/11/2015
Ion-Robert Chirea-Florică
26/11/1987
28/05/2018
21/02/2018
3,000
51984/15
23/12/2015
Cristea-Petru Hera
26/01/1971
Camelia Gabriela Szekely
Satu Mare
28/05/2018
05/03/2018
3,000
52164/15
01/02/2016
Erjon Lleshi
13/10/1977
28/05/2018
22/02/2018
3,000
60739/15
01/02/2016
Gheorghe Dima
19/04/1987
28/05/2018
14/03/2018
3,000
60929/15
01/02/2016
Andrei Costenar
22/06/1992
28/05/2018
26/03/2018
3,000
61966/15
01/02/2016
Gabriel Vătămănescu
11/07/1983
28/05/2018
26/02/2018
3,000
4504/16
23/08/2016
Vasile Cionca
27/09/1980
Camelia Gabriela Szekely
Satu Mare
23/05/2018
19/12/2017
3,000
14043/16
13/04/2016
Constantin-Marian Șerban
04/09/1983
28/05/2018
28/03/2018
5,000
24514/16
23/05/2016
Viorel-Laurenţiu Surdu
18/10/1976
28/05/2018
28/03/2018
5,000
25216/16
23/05/2016
Robert Mazarache
07/04/1980
15/01/2018
17/05/2018
1,000
27317/16
31/05/2016
Iulian Pîrlog
08/09/1982
Irina Maria Peter
Bucharest
24/05/2018
09/01/2018
5,000
30677/16
15/06/2016
Bogdan-Dumitru Rusu
12/08/1981
22/01/2018
14/05/2018
3,000
[i]. Plus any tax that may be chargeable to the applicants.
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