SECOND SECTION
DECISION
Application no. 59527/15
Sergiu HODOROGEA
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 20 February 2018 as a Committee composed of:
Paul Lemmens, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 27 November 2015,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sergiu Hodorogea, is a Moldovan national, who was born in 1978 and lives in Piatra Albă. He was represented before the Court by Mr A. Scorțescu, a lawyer practising in Chișinău.
The Moldovan Government (“the Government”) were represented by their Agent, Mr O. Rotari.
The applicant complained under Article 5 § 1 of the Convention that his detention was not lawful under domestic law and that he had been detained in poor conditions of detention in Prison No. 13 contrary to Article 3 of the Convention.
On 10 January 2018 and 11 August 2017 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 9,000 euros to cover any pecuniary and non‑pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant, which will be converted into Moldovan lei at the rate applicable on the date of payment. 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 22 March 2018.
Hasan BakırcıPaul Lemmens
Deputy RegistrarPresident
Full & Egal Universal Law Academy