THIRD SECTION
DECISION
Application no. 5456/09
Bondo KIKVADZE
against Georgia
The European Court of Human Rights (Third Section), sitting on 14 May 2013 as a Committee composed of:
Luis López Guerra, President,
Nona Tsotsoria,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 10 December 2008,
Having regard to the parties’ submissions of 14 March 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Bondo Kikvadze, is a Georgian national, who was born in 1963 and lives in Kutaisi.
2. The Georgian Government (“the Government”) were represented by their Agent, Mr Levan Meskhoradze, of the Ministry of Justice.
3. On 10 January 2011 the applicant’s complaint under Article 3 of the Convention concerning the alleged lack of adequate medical care for his various diseases in prison was communicated to the respondent Government under Rule 54 § 2 (b) of the Rules of Court.
4. On 14 March 2013 the parties informed the Court that they wished to effect a friendly settlement of the case. They submitted a mutually signed declaration, dated 5 March 2013, which reads as follows:
“...Having regard to certain deficiencies identified in respect of the medical treatment dispensed to the applicant, in particular during the initial period of his detention,
Taking into account the subsequent medical measures undertaken by the relevant authorities, to which the applicant has already expressed his appreciation,
Bearing in mind that the applicant, who had been sentenced to serve a prison sentence until 11 January 2018, was granted early release on 7 December 2012,
The applicant and the Government have agreed to a friendly settlement on the following terms:
The Government will pay the applicant 4,000 (four thousand) Euros in respect of any pecuniary and non-pecuniary damages, costs and expenses.
This sum will be converted into Georgian Laris at the rate applicable at the date of payment, and paid within three months of the date of notification of the Court’s decision issued in accordance with Article 37 § 1 of the European Convention on Human Rights. In the event of failure to settle within this period, simple interest shall be payable on the amount in question at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points. The payment will constitute the final resolution of the case.
Bearing in mind the above-mentioned agreement, the parties kindly ask the honourable Court to strike the instant case out of its list of cases in accordance with Article 39 of the Convention.”
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 TsirliLuis López Guerra
Deputy RegistrarPresident
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