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6.10.2022
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FOURTH SECTION

DECISION

Application no. 41193/15
Valentin RĂCEANU against Romania
and 16 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 6 October 2022 as a Committee composed of:

Armen Harutyunyan, President,

Jolien Schukking,

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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,

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”).

After unsuccessful friendly-settlement negotiations, the Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.

The Government acknowledged the inadequate conditions of detention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 applicants informed the Court that they agreed to the terms of the declarations.

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 finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.

It therefore 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 the 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 October 2022.

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 acceptance

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros)[1]

41193/15

30/12/2015

Valentin RĂCEANU

1977

Claudia Nadina Daciana Cândea

Timișoara

11/01/2022

17/08/2022

2,700

51044/15

18/01/2016

Petre-Aurel NEACŞU-IACOV

1978

11/01/2022

08/03/2022

2,700

53856/15

21/12/2015

Florian-Tudor EBÎNCĂ

1979

11/01/2022

09/08/2022

4,500

1724/16

22/12/2016

Mihai ŞERBAN

1980

Ioan Serban

Cracaoani

17/01/2022

02/03/2022

4,500

2809/16

22/04/2016

Zaharia STAN

1988

11/03/2022

03/08/2022

900

8141/16

29/07/2016

Florin DUMITRU

1991

11/01/2022

09/03/2022

2,700

16976/16

03/06/2016

Dumitru ZMARANDA

1968

Maria Zmaranda

Râmnicu Vâlcea

11/01/2022

04/03/2022

2,700

18306/16

14/11/2016

Octavian-Lucian BELDIMAN

1970

11/01/2022

19/04/2022

4,500

43625/16

08/09/2016

Constantin SAVA

1977

17/01/2022

24/03/2022

4,500

46334/16

29/08/2016

Costel ZOLTAN

1960

01/02/2022

21/03/2022

2,700

46376/16

03/08/2016

Marin-Cătălin CĂTĂNESCU

1977

Roxana Claudia Cătănescu

Craiova

03/11/2021

13/01/2022

2,700

56677/16

22/09/2016

Loredana-Claudia RADU

1971

Eugen Constantin Iordăchescu

Cluj-Napoca

21/12/2021

17/01/2022

900

57523/16

26/09/2016

Ion DUMITRA

1982

03/11/2021

03/02/2022

2,700

59609/16

07/10/2016

Ghiocel-Florentin PETREA

1980

11/01/2022

01/03/2022

2,700

76672/16

16/01/2017

Alexandru-Silviu GRIGORE

1990

11/01/2022

09/08/2022

2,700

77512/16

20/02/2017

Daniel-Ionuţ MITICĂ

1990

11/01/2022

01/03/2022

2,700

77526/16

01/02/2017

Teodor-Cristian COCOŞ

1981

11/01/2022

08/03/2022

2,700


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