Information Note on the Court’s case-law No. 150
March 2012
Cēsnieks v. Latvia (dec.) - 9278/06
Decision 6.3.2012 [Section III]
Article 37
Article 37-1
Striking out applications
Applicant’s express agreement to terms of Government’s unilateral declaration considered friendly settlement: partial strike-out
Facts – In his application to the European Court the applicant, who had been arrested in connection with a homicide, complained that he had been subject to ill-treatment in police custody and that there had been no effective investigation into his accusations against the police. He relied on Articles 3 and 13 of the Convention. He also complained under Article 6 that he had been denied a fair trial in respect of the homicide.
Law – Article 37 § 1: The Government had informed the Court that they proposed to make a unilateral declaration with regard to the applicant’s complaints under Articles 3 and 13. They acknowledged a breach of those provisions and offered to pay the applicant EUR 10,000 in compensation. The applicant informed the Court that he agreed to the terms of the Government’s declaration. Given his express agreement, the Court considered that there had been a friendly settlement between the parties in respect of this part of the application.
The examination of the Article 6 complaint was adjourned.
Conclusion: partly struck-out (unanimously).
(See also Moroz v. Ukraine (dec.), no. 42009/07, 6 March 2012)
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This summary by the Registry does not bind the Court.
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