SECOND SECTION
DECISION
Application no. 83718/17
Igor BABAN
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 3 June 2021 as a Committee composed of:
Branko Lubarda, President,
Pauliine Koskelo,
Marko Bošnjak, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 23 November 2017,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The information relevant to the applicant is set out in the appended table.
The applicant was represented by V. Vieru, a lawyer practising in Chișinău.
The applicant’s complaints under Article 3 of the Convention concerning his alleged ill-treatment by the police and the inefficient investigation of the complaint about ill-treatment, resulting in a small compensation for the damage caused, were communicated to the Moldovan Government (“the Government”).
The Court received friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against the Republic of Moldova in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake 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.
The payment will constitute the final resolution of the case.
THE LAW
The Court 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 a continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 24 June 2021.
{signature_p_2}
Viktoriya MaradudinaBranko Lubarda
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 3 of the Convention
(ill-treatment and investigation into allegations of ill-treatment)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
83718/17
23/11/2017
Igor BABAN
1984
Vieru Vadim
Chișinău
05/05/2021
10/03/2020
9,000
[1] Plus any tax that may be chargeable to the applicant.
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