AFFAIRE PAVEL ET AUTRES c. ROUMANIE

• Judgment Date: 28 October 2021
• ECLI: ECLI:CE:ECHR:2021:1028JUD001195016
• Counsel: PETER I.M. ; BIRO V.R. ; ABRAHAM P.
• Date: 28 October 2021
• Application Number: 11950/16;13871/16;14450/16;15243/16;18276/16;24900/16;25960/16;25966/16;34671/16;49875/16
• Court: Fourth Section Committee (European Court of Human Rights)
• Respondent State: Rumania
• Applied Rules: 41

FOURTH SECTION

CASE OF PAVEL AND OTHERS v. ROMANIA

(Application no. 11950/16 and 10 others)

JUDGMENT
(Revision)

STRASBOURG

28 October 2021

This judgment is final but it may be subject to editorial revision.

In the case of Pavel and Others v. Romania (request for revision of the judgment of 10 December 2020),

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 7 October 2021,

Delivers the following judgment, which was adopted on that date:

1. PROCEDURE

1. The case originated in an application (no. 18397/16) against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Romanian national, Mr Florentin Zaharia, on 26 April 2016.

2. In the judgment Pavel and Others v. Romania delivered on 10 December 2020, the Court held that there had been a violation of Article 3 of the Convention on account of inadequate conditions of detention. As regards application no. 18397/16, the Court also decided to award the applicant 3,000 euros (EUR) for non-pecuniary damage.

3. On 3 February 2021 the Romanian Government (“the Government”) informed the Court that they had learned that Mr Florentin Zaharia, the applicant in application no. 18397/16, had died on 2 August 2020. They accordingly requested revision of the judgment within the meaning of Rule 80 of the Rules of Court.

4. On 11 March 2021 the Court considered the...