FOURTH SECTION
DECISION
“This version was rectified on 28 November 2016
under Rule 81 of the Rules of Court.”
Application no. 3799/14
Samir-Viorel TOCOIAN against Romania
and 8 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 29 September 2016 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Kūris,
Gabriele Kucsko-Stadlmayer, judges,
and Hasan Bakırcı, 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 insofar as they relate to the inadequate conditions of detention.
The applicant in case no. 65162/14 also raised other complaints under various articles of the Convention. The Court has examined these complaints 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, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do 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 application no. 65162/14 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;
Declares the remainder of application no. 65162/14 inadmissible.
Done in English and notified in writing on 20 October 2016.
Hasan BakırcıVincent A. De Gaetano
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 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]
3799/14
31/12/2013
Samir-Viorel TOCOIAN
27/01/1987
03/09/2015
24/08/2016
6,600
53996/14
13/08/2014
Gruia FIERARU
01/04/1968
Carmen BOGHINĂ
Bucharest
01/10/2015
02/09/2016
5,300
58911/14
07/10/2014
Gheorghe FLOREA
10/01/1987
25/08/2016
19/07/2016
6,600
65162/14
28/10/2014
Árpád SZILVESZTER
31/03/1976
11/08/2016
11/07/2016
5,700
9789/15
20/04/2015
Tiberiu-Florian SANDU
22/10/1980
24/08/2016
11/08/2016
3,900
29309/15
04/09/2015
Ioan NĂSCUŢIU
07/11/1976
10/05/2016
12/08/2016
15,000
44664/15
01/10/2015
Iulian-Lavinius ȘOFEI[1]
17/11/1985
31/08/2016
18/07/2016
3,500
45231/15
01/10/2015
Robert BENKOVITS
09/02/1981
25/08/2016
22/07/2016
6,800
57044/15
03/11/2015
Marian CIREŞ
18/08/1973
19/08/2016
18/07/2016
3,000
[1] Rectified on 28 November 2016: the text was: “Iulian-Lavinius SOFEI”
[i] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy