FOURTH SECTION<\/p>\n
DECISION<\/p>\n
Applications nos. 45288\/15 and 2104\/16
\nR\u0103zvan AlexandruBURILEANU against Romania
\nand Alexandru PETRU\u0218 against 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,<\/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 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 Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article\u00a037 of the Convention.<\/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 applicationsout 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 were sent the terms of the Government\u2019s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declarations.<\/p>\n The Court observes that Article\u00a037 \u00a7\u00a01\u00a0(c) enables it to strike a case out of its list if:<\/p>\n \u201c… for any other reason established by the Court, it is no longer justified to continue the examination of the application\u201d.<\/p>\n Thus, it may strike out applications under Article\u00a037 \u00a7\u00a01 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, Tahsin Acar v.\u00a0Turkey <\/em>(preliminary objections) [GC], no.\u00a026307\/95, \u00a7\u00a7\u00a075\u201177, ECHR 2003-VI).<\/p>\n The Court has established clear and extensive case-law concerning complaints relating to the inadequate conditions of detention (see, for example, Rezmive\u0219 and Others v. Romania, <\/em>nos. 61467\/12 and 3 others, 25\u00a0April 2017).<\/p>\n Noting the admissions contained in the Government\u2019s declarations as well as the amount of compensation proposed \u2013 which is consistent with the amounts awarded in similar cases \u2013 the Court considers that it is no longer justified to continue the examination of the applications (Article\u00a037 \u00a7\u00a01\u00a0(c)).<\/p>\n In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article\u00a037 \u00a7\u00a01 in fine<\/em>).<\/p>\n Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article\u00a037 \u00a7\u00a02 of the Convention (Josipovi\u0107 v.\u00a0Serbia<\/em> (dec.), no.\u00a018369\/07, 4\u00a0March 2008).<\/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 Takes note<\/em> of the terms of the respondent Government\u2019s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;<\/p>\n Decides<\/em> to strike the applications out of its list of cases in accordance with Article\u00a037 \u00a7\u00a01\u00a0(c) 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 (in euros)[1]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n\n 12\/11\/2015<\/td>\n 13\/10\/1979<\/td>\n 16\/03\/2016<\/td>\n 31\/10\/1973<\/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>comments, if any<\/strong><\/td>\n Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant<\/strong><\/p>\n \n 1.<\/td>\n 45288\/15<\/p>\n R\u0103zvan Alexandru Burileanu<\/strong><\/p>\n 30\/10\/2018<\/td>\n 13\/12\/2018<\/td>\n 2,700<\/td>\n<\/tr>\n \n 2.<\/td>\n 2104\/16<\/p>\n Alexandru Petru\u015f<\/strong><\/p>\n 17\/09\/2018<\/td>\n 19\/11\/2018<\/td>\n 4,500<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n