lagen.nu
no. 15713/15

Andradi and Others v. Romania

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2019-04-04
ECLI
ECLI:CE:ECHR:2019:0404DEC001571315
Artiklar
3, 39
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FOURTH SECTION

Application no. 15713/15 Paul-Mihai ANDRADI against Romania and 7 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 4 April 2019 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 9 May 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’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]

15713/15

24/08/2015

Paul-Mihai Andradi

17/04/1984

11/02/2019

07/09/2018

3,000

32957/15

20/07/2015

Daniel-Marian Terheş

24/10/1988

07/01/2019

24/09/2018

3,000

59182/15

14/01/2016

George Voicu

14/07/1969

07/03/2019

02/01/2019

3,000

2026/16

18/04/2016

Marian-Ștefan Sîrbu

08/03/1993

Ion Emil Botea

Brașov

11/03/2019

13/09/2018

3,000

5233/16

23/12/2015

Petru-Ioan Șumăndan

06/01/1975

Adrian Petru Șumăndan

Vladimirescu

07/01/2019

15/10/2018

1,000

60711/16

15/11/2016

Busuioc Mihai

17/01/1983

Irina Maria Peter

Bucharest

07/03/2019

30/10/2018

3,000

65656/16

01/11/2016

George Apostol

18/07/1985

Norica Mirela Turiac

Bucharest

07/03/2019

16/11/2018

3,000

69769/16

18/11/2016

Alexandru Cordovan

27/04/1989

Vasile Rareș Biro

Satu Mare

07/03/2019

31/10/2018

5,000

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