SECOND SECTION
DECISION
Application no. 25280/16
E.D.
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 20 November 2018 as a Commitee composed of:
Julia Laffranque, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 28 April 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms E. D., is a Moldovan national, who was born in 1971. The President of the Section decided under Rules 33 and 47 § 4 of the Rules of Court that the applicant should be granted anonymity and that the file should remain confidential. She was represented before the Court by Mr I. Grecu, a lawyer practising in Cahul.
The Moldovan Government (“the Government”) were represented by their Agent, Mr O. Rotari.
The applicant complained under Article 6 § 1 and 13 of the Convention about the low amount of compensation awarded to her by the domestic courts after convicting her former husband for rape and domestic violence.
On 26 July 2018 the Court received a friendly settlement declaration 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 her 5,000 (five thousand) 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 to the applicant. 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.
Done in English and notified in writing on 13 December 2018.
Hasan BakırcıJulia Laffranque
Deputy RegistrarPresident
Full & Egal Universal Law Academy