FOURTH SECTION<\/p>\n
DECISION<\/p>\n
Application no. 36796\/16
\nEugen-Lauren\u0163iuPOPA
\nagainst Romania<\/p>\n
The European Court of Human Rights (Fourth Section), sitting on 17\u00a0January 2019 as a Committee composed of:<\/p>\n
Georges Ravarani, President,
\nMarko Bo\u0161njak,
\nP\u00e9ter Paczolay, judges,<\/p>\n
and Liv Tigerstedt, Acting Deputy Section Registrar,<\/p>\n
Having regard to the above application lodged on 8 November 2016,<\/p>\n
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant\u2019s reply to this declaration,<\/p>\n
Having deliberated, decides as follows:<\/p>\n
FACTS AND PROCEDURE<\/p>\n
The applicant\u2019s details are set out in the appended table.<\/p>\n
The applicant\u2019s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (\u201cthe Government\u201d).<\/p>\n
After unsuccessful friendly-settlement negotiations, the Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.<\/p>\n
The Government acknowledged the inadequate conditions of detention. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article\u00a037 \u00a7\u00a01\u00a0(c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court\u2019s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it, 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.<\/p>\n
The payment will constitute the final resolution of the case.<\/p>\n
The applicant informed the Court that he agreed to the terms of the declaration.<\/p>\n
THE LAW<\/p>\n
The Court finds that, following the applicant\u2019s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.<\/p>\n
It therefore 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 the continued examination of the application.<\/p>\n
In view of the above, it is appropriate to strike the case out of the list.<\/p>\n
For these reasons, the Court, unanimously,<\/p>\n
Decides to strike the application out of its list of cases in accordance with Article\u00a039 of the Convention.<\/p>\n
Done in English and notified in writing on 7 February 2019.<\/p>\n
Liv Tigerstedt\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Georges Ravarani
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n
<\/p>\n
APPENDIX<\/p>\n
Application raising complaints under Article 3 of the Convention
\n(inadequate conditions of detention)<\/p>\n
| Application no. \nDate of introduction<\/strong><\/td>\n Applicant\u2019s name<\/strong><\/p>\n | Date of birth<\/strong><\/p>\n \u00a0<\/strong><\/td>\n per applicant<\/strong><\/p>\n (in euros)[i]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n\n 08\/11\/2016<\/td>\n 08\/02\/1993<\/td>\n [i]<\/a>.\u00a0\u00a0Plus any tax that may be chargeable to the applicant.<\/p>\n |