FOURTH SECTION
DECISION
Application no. 4013/07
Ramaz BASILADZE
against Georgia
The European Court of Human Rights (Fourth Section), sitting on 7 March 2017 as a Committee composed of:
Krzysztof Wojtyczek, President,
Nona Tsotsoria,
Marko Bošnjak, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 21 December 2006,
Having regard to the declaration submitted by the respondent Government on 25 November 2016 requesting the Court to strike the application out of its list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Ramaz Basiladze, is a Georgian national, who was born in 1959 and lives in Tbilisi. He was represented before the Court by Ms L. Aptsiauri, a lawyer practising in Tbilisi.
2. The Georgian Government (“the Government”) were successively represented by theirs Agent, Mr D. Tomadze, Mr L. Meskhoradze, and Mr B. Dzamashvili, of the Ministry of Justice.
3. The applicant complained under Article 5 §§ 3 and 4 of the Convention about the lack of relevant and sufficient reasons for his pre-trial detention and the lack of a hearing during the proceedings challenging the lawfulness of the detention. On 3 January 2008 the Court gave notice to the Government of the applicant’s complaints.
4. By a letter of 25 November 2016 the Government informed the Court that they proposed to settle the case by submitting the following declaration:
“In light of the particular circumstances of the present case and with a view to securing the friendly settlement between the parties, the Government offer to pay 2,500 (two thousand five hundred) euros to Mr Ramaz Basiladze to cover any and all pecuniary and non-pecuniary damage 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 the list of cases. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 shall constitute the final resolution of the case (4013/07).”
5. By a letter of 6 February 2017 the applicant submitted that he accepted the terms of the Government’s proposal.
THE LAW
6. In the light of the above, the Court considers 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.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases pursuant to Article 37 § 1 (b) of the Convention.
Done in English and notified in writing on 30 March 2017.
Andrea TamiettiKrzysztof Wojtyczek
Deputy RegistrarPresident
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