FIRST SECTION
DECISION
Application no. 13935/23
Gloria GIARDI
against San Marino
(see appended table)
The European Court of Human Rights (First Section), sitting on 19 September 2024 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 16 March 2023,
Having regard to the decision that the applicant, a lawyer by profession, be allowed to act as legal representative (Article 36 § 2);
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaint under Article 10 of the Convention concerning a decision by the San Marino Parliament (Consiglio Grande e Generale) mandating the Government to launch an investigation, with the possibility of criminal pursuit should a crime have been committed, to discover who had submitted false information to the Group of Experts on Action against Violence against Women and Domestic Violence (‘GREVIO’ – the body of independent experts responsible for monitoring the implementation by the parties of the Council of Europe Convention on preventing and combating violence against women and domestic violence) was communicated to the San Marinese Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against San Marino in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay her the amount detailed in the appended table. This amount 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 undertake 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 the Protocols thereto 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 10 October 2024.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 10 of the Convention
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses
(in euros)[1]
13935/23
16/03/2023
Gloria GIARDI
1955
03/07/2024
09/07/2024
4,000
[1] Plus any tax that may be chargeable to the applicant.