FOURTH SECTION
DECISION
Application no. 6177/15
Mihai-Sergiu TOADER against Romania
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 18 May 2017 as a Committee composed of:
Vincent A. De Gaetano, President,
Iulia Motoc,
Marko Bošnjak, 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 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.
The applicant in the application no. 15871/15 also raised another complaint under Article 3 of the Convention concerning the period of detention from 27 January 2015 to 24 May 2016.
The Court has examined this complaint and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, this complaint does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the application no. 15871/15 must be rejected in accordance with Article 35 § 4 of the Convention.
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 as regards the complaints concerning the inadequate conditions of detention covered by the friendly settlement agreement;
Declares the remainder of the application no. 15871/15 inadmissible.
Done in English and notified in writing on 8 June 2017.
Karen ReidVincent A. De Gaetano
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 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]
6177/15
08/01/2015
Mihai-Sergiu Toader
16/03/1968
19/01/2017
21/11/2016
5,600
8707/15
04/03/2015
Dmytro Anatoliyovych Stelmakh
27/05/1978
07/07/2016
07/02/2017
3,200
15871/15
26/03/2015
Arnold Kolozsvari
18/10/1982
06/01/2017
19/01/2017
4,100
50532/15
22/02/2016
Florin-Claudiu Nicolae
12/11/1989
Irina-Maria Peter
București
03/02/2017
20/10/2016
5,100
2505/16
22/02/2016
Florin-Daniel Pencu
04/03/1990
03/02/2017
10/11/2016
8,100
4400/16
11/03/2016
Ovidiu-Claudiu Negrea
08/10/1982
03/02/2017
08/03/2017
3,600
8909/16
26/03/2016
Adrian Ilie
08/05/1981
03/03/2017
20/10/2016
6,900
12866/16
23/02/2016
Sorin Popescu
25/09/1963
03/02/2017
30/11/2016
3,600
18970/16
26/04/2016
Florin Polojan
16/10/1991
19/01/2017
06/01/2017
3,600
21292/16
16/05/2016
Florentin Boulean
21/03/1974
29/01/2017
12/10/2016
3,800
[i]. Plus any tax that may be chargeable to the applicants.
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