THIRD SECTION
DECISION
Application no. 23258/06
Vladimir CARPALA
against the Republic of Moldova
The European Court of Human Rights (Third Section), sitting on 16 October 2012 as a Committee composed of:
Alvina Gyulumyan, President,
Ján Šikuta,
Nona Tsotsoria, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 15 May 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vladimir Carpala, is a Moldovan national, who was born in 1951 and lives in Ciadâr-Lunga.
The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol.
The applicant complained under Article 5 of the Convention about his unlawful detention and the small amount of compensation awarded to him for that detention. In particular, following his repeated absence from court hearings in a civil case, on 14 November 1997 the Ciadâr-Lunga District Court found that he had been in contempt of court and ordered his administrative arrest for fifteen days, a decision annulled on 25 February 2002 by the Chișinău Court of Appeal. In subsequent proceedings lodged by the applicant against the State due to his unjustified detention, the applicant was awarded the equivalent of 190 euros (EUR).
On 3 and 25 July 2012 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 against an undertaking by the Government to pay him 4,300 (four thousand three hundred) euros to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Moldovan lei at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook 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 its Protocols 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.
Marialena TsirliAlvina Gyulumyan
Deputy RegistrarPresident
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