Dragomir and Others v. Romania

FOURTH SECTION

Application no. 39366/14 Răzvan-Dumitru DRAGOMIR against Romania and 14 other applications (see list appended)

The European Court of Human Rights (Fourth Section), sitting on 3 November 2016 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:

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”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.

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.

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 24 November 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)

39366/14

19/01/2015

Răzvan-Dumitru DRAGOMIR

24/11/1985

Irina-Maria PETER

București

05/10/2016

30/09/2016

5,100

53995/14

27/08/2014

Ion BĂDULESCU

31/10/1963

07/10/2016

14/09/2016

6,800

54806/14

03/11/2014

Andrei-Cosmin BOLDIJAR

15/02/1977

03/10/2016

08/08/2016

7,400

69928/14

14/11/2014

Romulus-Tiberiu RUS

05/02/1969

03/10/2016

29/07/2016

15,000

76340/14

26/11/2014

Ion BUJOR

25/10/1971

Marius Victoraş BUJOR

Bulbuceni

10/08/2016

03/10/2016

15,000

34354/15

17/12/2015

Liviu-Daniel JOVREA

30/07/1989

25/08/2016

30/09/2016

5,700

36304/15

15/09/2015

Costel GACIU

09/05/1972

05/10/2016

21/09/2016

3,000

45763/15

15/12/2015

Paul POP

23/04/1963

27/09/2016

05/09/2016

4,500

53029/15

16/11/2015

Victor ROMANIUC

24/07/1967

26/09/2016

05/04/2016

3,800

53944/15

22/10/2015

Francisc CALAMAR

19/09/1960

Teodora-Cătălina GODÎNCĂ-HERLEA

Cluj-Napoca

05/10/2016

29/09/2016

3,000

53968/15

19/10/2015

Steliana-Maria RUJOIU

13/11/1969

27/09/2016

30/05/2016

3,000

55355/15

11/12/2015

Marinică AMARIE

14/04/1955

Irina-Maria PETER

București

27/09/2016

06/06/2016

15,000

56811/15

09/11/2015

Sorin NICOLAESCU

06/09/1969

24/08/2016

25/05/2016

5,400

3371/16

30/12/2015

Petru MUNTEANU

25/08/1981

Claudia Nadina Daciana CÎNDEA

Timişoara

05/10/2016

16/09/2016

11,600

3561/16

11/01/2016

Florin-Răzvan BREBU

19/03/1986

27/09/2016

12/04/2016

4,700

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