THIRD SECTION
DECISION
Application no. 77407/11
Iurie CRACIUNEAC
against the Republic of Moldova
The European Court of Human Rights (Third Section), sitting on 6 November 2012 as a Committee composed of:
Luis López Guerra, President,
Ján Šikuta,
Nona Tsotsoria, judges
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 2 December 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Iurie Craciuneac, is a Moldovan national, who was born in 1979 and lives in Cahul. He was represented before the Court by Mr A. Postica, a lawyer practising in Chişinău.
The Moldovan Government (“the Government”) were represented by their Agent ad interim, Mr L. Apostol.
The applicant complained under Article 3 of the Convention about the the ill-treatment received at the hands of the police in April 2009, the inhuman and degrading conditions of detention, lack of medical assistance during detention and failure to conduct an effective investigation into his allegation of ill-treatment.
On 9 August and 19 September 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 15,000 euros to cover any 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 TsirliLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy