Přehled
Rozhodnutí
FOURTH SECTION
DECISION
Application no. 27309/16
Barnabás MOLNÁR against Romania
and 19 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 21 October 2021 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 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 18 November 2021.
{signature_p_2}
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. | 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] |
27309/16 14/06/2016 | Barnabás MOLNÁR 1980 | 15/09/2021 | 25/06/2021 | 3,000 | ||
38611/16 21/02/2017 | Gheorghe BĂLAŞA 1966 | Irina Maria Peter Bucharest | 15/09/2021 | 21/06/2021 | 3,000 | |
39683/16 20/07/2016 | Robert-Remus BĂLOIU 1985 | Irina Maria Peter Bucharest | 15/09/2021 | 21/06/2021 | 3,000 | |
39738/16 12/08/2016 | Imre BEDÖ 1970 | 15/09/2021 | 05/08/2021 | 3,000 | ||
39744/16 26/09/2016 | Ciprian Ovidiu COZARIUC 1974 | 15/09/2021 | 13/07/2021 | 3,000 | ||
39775/16 21/09/2016 | Nicolae PÎRJOL 1972 | 15/09/2021 | 20/09/2021 | 3,000 | ||
39945/16 05/07/2016 | Nina MICLE 1961 | Valeria Florescu Bucharest | 15/09/2021 | 23/06/2021 | 3,000 | |
40439/16 05/07/2016 | Deni Mihael IONESCU 1977 | 15/09/2021 | 22/07/2021 | 3,000 | ||
44821/16 28/11/2016 | Mircea GEORGESCU 1971 | 09/09/2021 | 20/05/2021 | 3,000 | ||
45051/16 25/07/2016 | Petru POCOL 1980 | Lucian Petruţa Cluj-Napoca | 09/09/2021 | 07/09/2021 | 3,000 | |
45160/16 26/07/2016 | Vasile GORGAN 1987 | Ionela Mărgărit Bucharest | 09/09/2021 | 08/06/2021 | 3,000 | |
51959/16 26/08/2016 | Eduard POHRIB 1968 | 15/09/2021 | 05/07/2021 | 5,000 | ||
52196/16 07/10/2016 | Ciprian-Angel ENACHE 1974 | Marian Gâlia Galați | 15/09/2021 | 01/07/2021 | 5,000 | |
52270/16 25/10/2016 | Cristian CENUŞA 1991 | Irina Maria Peter Bucharest | 15/09/2021 | 17/08/2021 | 3,000 | |
64659/16 25/11/2016 | Valentin BUCUR 1975 | 09/09/2021 | 22/07/2021 | 3,000 | ||
33664/17 27/04/2017 | Andrei BÂLC 1964 | 09/09/2021 | 22/07/2021 | 3,000 | ||
36789/17 13/07/2017 | Grigore GIURUMESCU 1957 | Irina Maria Peter Bucharest | 09/09/2021 | 12/05/2021 | 3,000 | |
45184/17 14/07/2017 | Ionel NEDEA 1982 | Irina Maria Peter Bucharest | 09/09/2021 | 12/05/2021 | 3,000 | |
76392/17 21/11/2017 | Gheorghe-Cristian ENACHE 1974 | Irina Maria Peter Bucharest | 10/09/2021 | 12/05/2021 | 3,000 | |
76717/17 30/01/2018 | Claudiu Ştefan MANCIU 1979 | Irina Maria Peter Bucharest | 09/09/2021 | 12/05/2021 | 3,000 |
[1] Plus any tax that may be chargeable to the applicants.