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2.2.2023
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FOURTH SECTION

DECISION

Application no. 38620/16
Mihai DUMITRAȘ against Romania
and 8 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 2 February 2023 as a Committee composed of:

Armen Harutyunyan, President,
Anja Seibert-Fohr,
Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, 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 the friendly-settlement declarations, signed by the parties, 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 abovementioned 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 2 March 2023.

Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President


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

Year 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)[1]

38620/16

09/11/2016

Mihai DUMITRAȘ

1969

14/12/2022

08/09/2022

5,000

66990/16

11/11/2016

Ștefan LUPU

1983

Alina Gherman

Miroslava

14/12/2022

27/07/2022

5,000

13216/17

10/02/2017

Marian VANĂ

1980

14/12/2022

04/08/2022

3,000

14324/17

14/02/2017

Matei MĂRCUȚ

1993

Vasile Rareş Biro

Satu Mare

14/12/2022

17/09/2022

3,000

18030/17

28/02/2017

Ionel ILIE

1961

Irina Maria Peter

Bucharest

14/12/2022

05/08/2022

3,000

18044/17

01/03/2017

Ciprian-Ioan GHERMAN

1984

Ioan Cătălin Daniel Trif

Satu Mare

14/12/2022

10/08/2022

3,000

19760/17

02/03/2017

Lucian-Alexandru SANDU

1992

14/12/2022

26/07/2022

3,000

43680/17

12/06/2017

Constantin TRENTEA

1973

Ionela Mărgărit

Bucharest

14/11/2022

06/10/2022

3,000

80219/17

14/11/2017

Gheorghe-Sorin PĂDURARU

1966

Lucian Stuparu

Craiova

29/11/2022

07/11/2022

5,000


[1] Plus any tax that may be chargeable to the applicants.