Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 12 września 2019 r.
34565/15

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0912DEC003456515

FOURTH SECTION

DECISION

Application no. 34565/15

George-Daniel MIHAI against Romania

and 2 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 12 September 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 3 October 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.

34565/15

03/08/2015

George-Daniel Mihai

20/04/1987

25/04/2019

16/08/2018

3,000

2.

54422/15

07/04/2016

Marius-Gabriel Cioc

14/11/1987

02/04/2019

27/06/2019

5,000

3.

61252/15

13/01/2016

Gabriel-Marius Pletea

07/09/1989

25/04/2019

05/06/2018

5,000

1

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