Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 28 listopada 2019 r.
23495/16

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:1128DEC002349516

FOURTH SECTION

DECISION

Applications nos 23495/16 and 28786/16

Aurel-Cristian POPA against Romania

and Cristian-Viorel-Florin HÂRSAN against Romania

The European Court of Human Rights (Fourth Section), sitting on 28 November 2019 as a Committee composed of:

Stéphanie Mourou-Vikström, President,

Georges Ravarani,

Jolien Schukking, judges,

and Liv Tigerstedt, 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:

Uzasadnienie faktyczne

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 friendly-settlement declarations 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.

Uzasadnienie prawne

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.

Sentencja

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 19 December 2019.

Liv Tigerstedt

Stéphanie Mourou-Vikström

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

Date of birth

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

1.

23495/16

16/05/2016

Aurel-Cristian POPA

01/05/1989

03/10/2019

20/06/2018

3,000

2.

28786/16

07/05/2016

Cristian-Viorel-Florin HÂRSAN

13/11/1978

31/10/2019

16/08/2018

3,000

1

. Plus any tax that may be chargeable to the applicants.