Liţă and Others v. Romania
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 42356/15 Florinel-Liviu LIŢĂ against Romania and 6 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 13 December 2018 as a Committee composed of:
Georges Ravarani, President, Marko Bošnjak, Péter Paczolay, 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:
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.
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 17 January 2019.
Liv Tigerstedt Georges Ravarani 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
Representative’s 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]
42356/15
18/09/2015
Florinel-Liviu Liţă
09/03/1974
22/11/2018
24/08/2018
3,000
44430/15
03/09/2015
Marian Ploscaru
09/10/1972
Florin Iluca-Ricu
Sacele
22/11/2018
25/09/2018
3,000
9547/16
09/05/2016
Adrian-Ionuţ Ghiţă
18/06/1988
Irina Maria Peter
Bucharest
22/11/2018
06/08/2018
3,000
16873/16
09/05/2016
Dănuţ Roşu
09/06/1984
Irina Maria Peter
Bucharest
22/11/2018
27/07/2018
5,000
17845/16
05/05/2016
Marian-Aurel Arișanu
20/04/1978
22/11/2018
24/08/2018
3,000
17909/16
29/04/2016
Marius-Stelian Cozma-Budău
20/02/1981
22/11/2018
06/08/2018
3,000
20621/16
09/05/2016
Constantin Stan
29/10/1982
22/11/2018
22/08/2018
3,000
[1] . Plus any tax that may be chargeable to the applicants.