FOURTH SECTION
DECISION
Application no. 4248/16
Mihai-Stelian TVIGUN against Romania
and 12 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 6 June 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, 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 27 June 2019.
Liv TigerstedtStéphanie Mourou-Vikström
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’s name
Date of birth
Representative’s 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]
4248/16
22/02/2016
Mihai-Stelian Tvigun
18/02/1977
Irina Maria Peter
Bucharest
27/03/2019
30/07/2018
3,000
4369/16
04/02/2016
Sebastian-Alin Cozac
30/05/1992
Ovidiu Chiriac
Braşov
27/03/2019
01/08/2018
3,000
4394/16
11/02/2016
Paul-Cristian Mureșan
23/01/1988
27/03/2019
31/08/2018
1,000
18176/16
20/04/2016
Daniel Acatrinei
28/09/1977
29/03/2019
11/09/2018
3,000
19567/16
06/06/2016
Viorel Sandu
28/08/1985
27/03/2019
02/10/2018
3,000
19824/16
10/05/2016
Ioan Stan
23/07/1948
02/04/2019
13/03/2019
5,000
25615/16
27/05/2016
Romeo Marin
03/02/1989
27/03/2019
07/09/2018
5,000
25889/16
30/05/2016
Alexandru-Ionuţ Ilie
23/07/1991
29/03/2019
11/09/2018
3,000
29135/16
14/09/2016
Giorgio Chiovaro
23/10/1948
02/04/2019
06/03/2019
5,000
30030/16
16/06/2016
Petru Chiriac
02/07/1978
28/03/2019
30/10/2018
3,000
40711/16
02/08/2016
Ciprian Bujdei
15/06/1978
Irina Maria Peter
Bucharest
07/03/2019
20/11/2018
5,000
53309/16
13/10/2016
Cristian Butnariu
26/05/1982
07/03/2019
21/03/2019
3,000
59903/16
07/10/2016
Ovidiu Croitoru
30/06/1991
Ionela Mărgărit
Bucharest
07/03/2019
13/11/2018
1,000
[i]. Plus any tax that may be chargeable to the applicants.
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