THIRD SECTION
DECISION
Application no. 50049/08
Merab JGHAMADZE
against Georgia
The European Court of Human Rights (Third Section), sitting on 18 June 2013 as a Committee composed of:
Ján Šikuta, President,
Luis López Guerra,
Nona Tsotsoria, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 18 September 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Merab Jghamadze, is a Georgian national, who was born in 1958. He was represented before the Court by Ms Manana Kobakhidze, a lawyer practicing in Tbilisi.
2. The Georgian Government (“the Government”) were represented by their Agent, Mr Levan Meskhoradze of the Ministry of Justice.
3. On 28 January 2010 the Court gave notice to the Government of the applicant’s complaint under Article 3 of the Convention concerning the alleged lack of adequate medical care for his various conditions, including viral hepatitis C, in prison.
4. On 21 May 2013 the Court received a friendly settlement declaration signed by both parties, dated 16 May 2013, which reads as follows:
“The applicant and the respondent Government with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights have agreed on the following:
The Government will pay 4,500 (four thousand five hundred) euros to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.
This sum will be converted into Georgian Laris at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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
5. The Court takes note of the friendly settlement reached between the parties. It is satisfied 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 its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
Full & Egal Universal Law Academy