Corduneanu and Others v. Romania

FOURTH SECTION

Application no. 42989/15 Mihai Silviu CORDUNEANU against Romania and 8 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 20 June 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:

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 the 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 11 July 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

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) [i]

42989/15

09/02/2016

Mihai Silviu Corduneanu

17/09/1974

19/04/2019

05/09/2018

3,000

48517/15

14/12/2015

Ionuț Dandoș

26/04/1988

12/04/2019

28/08/2018

3,000

54613/15

11/12/2015

Ioan Vlăduţ Pavel

27/06/1993

25/04/2019

20/05/2019

3,000

58985/15

10/02/2016

Octavian Feraru

01/08/1962

27/03/2019

25/04/2019

3,000

1778/16

25/07/2016

Albert-Marius Scripcariu

06/09/1993

Romeo Scripcariu

Botoșani

01/04/2019

22/08/2018

3,000

18300/16

23/03/2016

Florin-Mircea Savu

13/04/1979

George Bogdan Pocovnicu

Bacău

15/05/2019

04/09/2018

1,000

19097/16

24/05/2016

Nicolae Traian Tulvan

06/10/1982

Vasile Rareș Biro

Satu Mare

02/04/2019

30/08/2018

3,000

31348/16

28/05/2016

Săndel-Silviu Mocanu

12/11/1980

Ionela Mărgărit

Bucharest

01/04/2019

03/09/2018

3,000

37461/16

20/07/2016

Zamfir-Ilie Haimana

08/12/1980

29/03/2019

02/10/2018

5,000

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