THIRD SECTION
DECISION
This version was rectified on 31 May 2016
under Rule 81 of the Rules of Court.
Application no. 42743/13
Dorel Pavel ȚEREAN[1]
against Romania
The European Court of Human Rights (Third Section), sitting on 29 September 2015 as a Committee composed of:
Johannes Silvis, President,
Iulia Antoanella Motoc,
Carlo Ranzoni, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 24 May 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dorel Pavel Țerean[2], is a Romanian national, who was born in 1957 and lives in Zizin.
The Romanian Government (“the Government”) were represented by their Agent, Mrs C. Brumar, of the Ministry of Foreign Affairs.
The applicant complained under Article 3 of the Convention about the conditions of his detention and the lack of adequate medical treatment in Codlea Prison.
On 20 January and 23 June 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Romania in respect of the facts giving rise to this
application against an undertaking by the Government to pay him 10,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable and payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 case.
THE LAW
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 a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application 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.
Marialena TsirliJohannes Silvis
Deputy RegistrarPresident
[1]. Rectified on 31 May 2016: the text was: ‘Dorel Pavel TEREAN’.
[2]. Rectified on 31 May 2016: the text was: ‘Mr Dorel Pavel Terean’.
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