FOURTH SECTION
DECISION
Application no. 44654/08
Ushangi KOIAVA
against Georgia
The European Court of Human Rights (Fourth Section), sitting on 24 June 2014 as a Committee composed of:
George Nicolaou, President,
Nona Tsotsoria,
Paul Mahoney, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 26 August 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 Ushangi Koiava, is a Georgian national, who was born in 1976 and lives in Tbilisi. He was represented before the Court by Ms S. Abuladze, a lawyer practising in Tbilisi. The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze of the Ministry of Justice.
2. On 8 January 2009 the Court gave notice to the Government of the applicant’s complaints under Articles 3 and 8 of the Convention concerning the alleged lack of adequate medical treatment and the insufficient number of family visits allowed in prison.
3. On 20 February and 5 June 2014 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Georgia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 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 the respondent State’s national currency 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 undertook 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
4. 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.
Fatoş AracıGeorge Nicolaou
Deputy RegistrarPresident
Full & Egal Universal Law Academy