FIRST SECTION
DECISION
Applications nos. 49769/22 and 50111/22
G.R. against Italy and
Z.B. against Italy
(see appended table)
The European Court of Human Rights (First Section), sitting on 23 November 2023 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Ivana Jelić, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the decision to grant the applicants anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Ms A. Mascia and Ms A. Calcaterra, lawyers practising respectively in Verona and Milan.
The applicants’ complaints under Articles 3 and 5 §§ 1 and 5, Article 6 § 1 and Article 34 of the Convention concerning the alleged unlawfulness of their prolonged detention, conditions of detention deemed inadequate for their mental health, the non-enforcement of the domestic decision ordering their placement in a specialised structure (“Residence for Execution of Security Measures” (“REMS”)) and the delay in enforcing the interim measure indicated by the Court under Rule 39 of the Rules of Court, were communicated to the Italian Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Italy in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 14 December 2023.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Articles 3 and 5 §§ 1 and 5, Article 6 § 1 and Article 34 of the Convention
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage (in euros)[1]
Amount awarded for costs and expenses
(in euros)[2]
49769/22
24/10/2022
G.R.
1975
Mascia Antonella
Verona
Calcaterra
Antonella
Milan
18/09/2023
31/08/2023
26,000
2,000
50111/22
26/10/2022
Z.B.
1998
Mascia Antonella
Verona
Calcaterra
Antonella
Milan
18/09/2023
31/08/2023
26,000
2,000
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.
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