36614/13, RADU AND OTHERS I INNI v. RUMUNIA - Decyzja Europejskiego Trybunału Praw Człowieka

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Decyzja Europejskiego Trybunału Praw Człowieka z dnia 15 września 2016 r. 36614/13

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2016:0915DEC003661413

FOURTH SECTION

DECISION

Application no. 36614/13

Alexandru Marius RADU against Romania

and 3 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 15 September as a Committee composed of:

Vincent A. De Gaetano, President,

Egidijus Kūris,

Gabriele Kucsko-Stadlmayer, judges,

and Hasan Bakırcı, 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 6 October 2016.

Hasan Bakırcı

Vincent A. De Gaetano

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 name

Date of birth

Representative name and location

Date of receipt of Government 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.

36614/13

28/05/2013

Alexandru Marius RADU

25/10/1974

Irina-Andreea FRĂSINEANU

Bucureşti

25/02/2016

14/01/2016

5,300

2.

72396/14

06/04/2015

3.

43587/15

07/10/2015

Feli-Ilie MIU

05/06/1979

Irina Maria PETER

Bucureşti

22/07/2016

01/07/2016

9,500

4.

44235/15

31/08/2015

Răzvan-Mihai PAVEL

03/10/1989

25/07/2016

01/07/2016

3,000

1

Plus any tax that may be chargeable to the applicants.