SECOND SECTION
DECISION
Application no. 63875/12
Anatol DUBCENCO
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 2 February 2023 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 14 September 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Ms V. Guțu, living in Chișinău.
The applicant’s complaints under Article 2 of Protocol No. 4 to the Convention and under Article 13 of the Convention were communicated to the Moldovan Government (“the Government”).
The parties informed the Court that they had agreed to settle the matter at the domestic level regarding these complaints. The settlement under which the applicant agreed to have his application struck out of the Court’s list of cases is subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned 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
In view 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 the Protocols thereto does not require it to continue the examination of the application under Article 37 § 1 in fine.
Accordingly, the application should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 2 March 2023.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 2 of Protocol No. 4 to the Convention and Article 13 of the Convention
(restrictions on the freedom of movement)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
(in euros)
[1]
63875/12
14/09/2012
Anatol DUBCENCO
1951
Victoria Guțu
Chișinău
2,500
[1] Plus any tax that may be chargeable to the applicant.