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8.12.2022
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FOURTH SECTION

DECISION

Application no. 42761/16
Constantin PLEȘCAN against Romania
and 9 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 8 December 2022 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 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 12 January 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 nonpecuniary damage and costs and expenses

per applicant

(in euros)[1]

42761/16

10/01/2017

Constantin PLEȘCAN

1956

03/11/2022

27/07/2022

3,000

63027/16

10/02/2017

Dorin BURICU

1989

03/11/2022

30/06/2022

3,000

18056/17

28/02/2017

Ilie-Iosif NĂSĂLEAN

1979

03/11/2022

07/09/2022

3,000

38708/17

17/05/2017

Constantin HORȚEA

1985

Andreea-Gabriela Cadar

Galați

03/11/2022

07/07/2022

3,000

42218/17

18/10/2017

Petre-Ioan SAVU

1979

03/11/2022

18/07/2022

3,000

43743/17

09/06/2017

Ionel GUGOAȘĂ

1955

Cornel Dumea

Roman

03/11/2022

30/06/2022

3,000

46450/17

20/06/2017

Marius-Viorel FRENȚESCU

1978

Daniela Tonică

Husi

03/11/2022

02/06/2022

3,000

47544/17

23/06/2017

Răzvan-Marius POP

1983

Livia Gabriela Dulămiță

Dej

03/11/2022

22/06/2022

3,000

59359/17

04/08/2017

Nicolae VIZIRU

1966

Andreea-Gabriela Cadar

Galați

03/11/2022

07/07/2022

3,000

81259/17

27/02/2018

Anghel-Răducu IACOB

1983

Daniela Zaharia Mănescu

Bucharest

03/11/2022

08/09/2022

3,000


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