FOURTH SECTION<\/p>\n
DECISION<\/p>\n
Applications nos. 10067\/16 and 10075\/16
\nK\u00e1lm\u00e1nBUBUI against Romania and
\nC\u0103t\u0103lin-Costin CIRIPANagainst Romania
\n(see appended table)<\/p>\n
The European Court of Human Rights (Fourth Section), sitting on 31\u00a0January 2019 as a Committee composed of:<\/p>\n
Georges Ravarani, President, and Liv Tigerstedt, Acting Deputy Section Registrar,<\/em><\/p>\n Having regard to the above applications lodged on the various dates indicated in the appended table,<\/p>\n Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants\u2019 replies to these declarations,<\/p>\n Having deliberated, decides as follows:<\/p>\n FACTS AND PROCEDURE<\/p>\n The list of applicants is set out in the appended table.<\/p>\n The applicants\u2019 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 declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.<\/p>\n The Government acknowledged the inadequate conditions of detention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article\u00a037 \u00a7\u00a01\u00a0(c) of the Convention. The amounts 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 these amounts within the above-mentioned three-month period, the Government undertook 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.<\/p>\n The payment will constitute the final resolution of the cases.<\/p>\n The applicants informed the Court that they agreed to the terms of the declarations.<\/p>\n THE LAW<\/p>\n Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.<\/p>\n The Court finds that, following the applicants\u2019 express agreement to the terms of the declarations made by the Government, the cases 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 applications.<\/p>\n In view of the above, it is appropriate to strike the cases out of the list.<\/p>\n For these reasons, the Court, unanimously,<\/p>\n Decides<\/em> to join the applications;<\/p>\n Decides<\/em> to strike the applications out of its list of cases in accordance with Article\u00a039 of the Convention.<\/p>\n Done in English and notified in writing on 21 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 Georges Ravarani <\/p>\n APPENDIX<\/p>\n List of applications raising complaints under Article 3 of the Convention<\/p>\n (inadequate conditions of detention)<\/p>\n Date of birth<\/strong><\/p>\n \u00a0<\/strong><\/td>\n per applicant<\/strong><\/p>\n (in euros)[1]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n\n 28\/04\/2016<\/td>\n 26\/08\/1971<\/td>\n 21\/03\/2016<\/td>\n 21\/05\/1979<\/td>\n [1]<\/a>.\u00a0\u00a0Plus any tax that may be chargeable to the applicants.<\/p>\n
\n<\/em>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Marko Bo\u0161njak,
\n<\/em>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 P\u00e9ter Paczolay, judges,<\/em><\/p>\n
\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 President<\/p>\n\n\n
\n No.<\/strong><\/td>\n Application no.
\nDate of introduction<\/strong><\/td>\nApplicant\u2019s name<\/strong><\/p>\n Date of receipt of Government\u2019s declaration<\/strong><\/td>\n Date of receipt of applicant\u2019s <\/strong>acceptance<\/strong><\/td>\n Amount awarded for pecuniary and non-pecuniary damage and costs and expenses<\/strong><\/p>\n \n 1.<\/td>\n 10067\/16<\/p>\n K\u00e1lm\u00e1n Bubui<\/strong><\/p>\n 10\/10\/2018<\/td>\n 16\/11\/2018<\/td>\n 2,700<\/td>\n<\/tr>\n \n 2.<\/td>\n 10075\/16<\/p>\n C\u0103t\u0103lin-Costin Ciripan<\/strong><\/p>\n 21\/09\/2018<\/td>\n 13\/11\/2018<\/td>\n 2,700<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n