Přehled

Text rozhodnutí
Datum rozhodnutí
8.9.2022
Rozhodovací formace
Významnost
3
Číslo stížnosti / sp. zn.

Rozhodnutí

FOURTH SECTION

DECISION

Application no. 27213/16
Marian ENE against Romania
and 6 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 8 September 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 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 29 September 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 declaration

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

per applicant (in euros)[1]

27213/16

13/06/2016

Marian ENE

1984

14/07/2022

12/05/2022

3,000

67066/16

16/12/2016

Ion LECA

1967

14/07/2022

17/03/2022

3,000

67372/16

20/12/2016

Daniel CONSTANTINESCU

1966

14/07/2022

23/05/2022

5,000

70255/16

14/11/2016

Rio-Vasilică ȚOCU

1989

Daniela Tonică

Huşi

14/07/2022

05/04/2022

5,000

17445/17

10/02/2017

Claudiu-George TERENTE

1984

Gheorghe-Sorin Perju

Iaşi

14/07/2022

21/06/2022

3,000

52710/17

21/08/2017

Mihai Răzvan HÂRDOIU

1981

14/07/2022

03/06/2022

3,000

46957/18

17/12/2018

Adrian-Marius RUS

1977

14/07/2022

11/04/2022

1,000


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