THIRD SECTION
DECISION
Application no. 38056/11
Sebastian Nicolae SECOȘAN against Romania
and 5 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 15 October 2015 as a Committee composed of:
Valeriu Griţco, President,
Branko Lubarda,
Mārtiņš Mits, judges,
and Karen Reid, 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 6 § 1 of the Convention concerning the excessive length of criminal proceedings 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, to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicants. 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 its Protocols 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 5 November 2015.
Karen ReidValeriu Griţco
RegistrarPresident
Appendix
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
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 damage and costs and expenses[1] per applicant (in euros)
38056/11
17/05/2011
Sebastian Nicolae SECOȘAN
17/06/1971
02/07/2015
07/09/2015
3,100
19578/12
15/03/2012
Household
Dumitru DASCĂLU
13/11/1958
Gabriela Maria DASCĂLU
11/03/1958
02/07/2015
09/09/2015
2,400
35460/14
30/04/2014
Nicolai BUZEA
01/06/1950
10/09/2015
31/08/2015
2,400
42724/14
02/06/2014
Paustin BĂLAN
20/06/1957
15/09/2015
28/05/2015
1,200
54903/14
23/07/2014
Irimia MARIN
25/05/1961
15/09/2015
12/06/2015
2,400
69195/14
13/10/2014
Mihai – Gabriel SELIN
03/06/1973
15/09/2015
08/04/2015
2,100
[1] Plus any tax that may be chargeable to the applicants.
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