THIRD SECTION
DECISION
Application no. 51086/09
Giorgi ALIMONAKI
against Georgia
The European Court of Human Rights (Third Section), sitting on 17 September 2013 as a Committee composed of:
Luis López Guerra, President,
Nona Tsotsoria,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 14 September 2009,
Having regard to the parties’ submissions of 31 May and 7 June 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Giorgi Alimonaki, is a Georgian national, who was born in 1987 and lives in Tbilisi.
2. The Georgian Government (“the Government”) were represented by their Agent, Mr Levan Meskhoradze, of the Ministry of Justice.
3. On 10 February 2010 the applicant’s complaint under Article 3 of the Convention concerning the alleged lack of adequate medical care for his various diseases in prison was communicated to the respondent Government under Rule 54 § 2 (b) of the Rules of Court.
4. On 31 May and 7 June 2013 the parties informed the Court that they wished to effect a friendly settlement of the case. They submitted a mutually signed declaration, dated 31 March 2013, which reads as follows:
“The applicant and the Government, with a view to securing a friendly settlement of the above case pending before the Court, have agreed on the following:
The Government will pay the applicant 5,000 (five thousand) Euros to cover any and all pecuniary and non-pecuniary damages as well as costs and expenses, plus any tax that may be chargeable to the applicant
This sum will be converted into Georgian Laris at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay this sum within the said period, the Government undertake to pay simple interest on it, from the expiry of that period until the settlement, at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points. The payment will constitute the final resolution of the case.”
THE LAW
5. The Court takes note of the friendly settlement reached between the parties. It is satisfied that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Marialena TsirliLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy