THIRD SECTION
DECISION
Application no. 36348/08
Lilian CHIRICA
against the Republic of Moldova
The European Court of Human Rights (Third Section), sitting on 1 July 2014 as a Committee composed of:
Dragoljub Popović, President,
Luis López Guerra,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 18 July 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Lilian Chirica, is a Moldovan national, who was born in 1978 and lives in Chișinău. He was represented before the Court by Mr A. Postica, a lawyer practising in Chisinau.
The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol.
The applicant complained under Article 3 of the Convention about poor conditions of detention, lack of medical assistance and failure to investigate his complaint about the failure to provide him with adequate medical assistance.
On 27 May 2014 the Court received a friendly settlement agreement 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 the acknowledgement by the Government of the breach of Article 3 of the Convention in respect of all his complaints and an undertaking by the Government to pay him 6,500 euros (EUR) to cover any pecuniary and non-pecuniary damage as well as EUR 1,500 for costs and expenses. The above amounts 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 37 § 1 (b) of the Convention.
Marialena TsirliDragoljub Popović
Deputy RegistrarPresident
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