FIFTH SECTION
DECISION
Application no. 51902/10
Boris KOKASHVILI
against Georgia
The European Court of Human Rights (Fifth Section), sitting on 27 June 2017 as a Committee composed of:
Síofra O’Leary, President,
Nona Tsotsoria,
Lәtif Hüseynov, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 31 August 2010,
Having regard to the declaration submitted by the Government on 25 November 2016 requesting the Court to strike the application out of its list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Boris Kokashvili, is a Georgian national, who was born in 1985 and lives in Gori. He was represented before the Court by Ms S. Abuladze, a lawyer practising in Tbilisi.
The Georgian Government (“the Government”) were represented by their Agents, Mr L. Meskhoradze and Mr. B. Dzamashvili, of the Ministry of Justice.
The applicant complained under Article 3 of the Convention about the conditions of detention in Prison Tbilisi no. 1, and his infection with hepatitis C and inadequate medical treatment in this regard. On 5 June 2012 the Court gave notice to the Government of the applicant’s complaints.
By a letter of 25 November 2016 the Government informed the Court that they proposed to settle the case by submitting the following declaration:
“In light of the particular circumstances of the present case and with a view to securing the friendly settlement between the parties, the Government offer to pay 3,000 (three thousand) euros to Mr Boris Kokashvili 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 the 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 shall constitute the final resolution of the case (51902/10).”
By a letter of 23 May 2017 the applicant submitted that he accepted the terms of the Government’s proposal.
THE LAW
In the light of the above, the Court considers 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.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases pursuant to Article 37 § 1 (b) of the Convention.
Done in English and notified in writing on 20 July 2017.
Anne-Marie DouginSíofra O’Leary
Acting Deputy RegistrarPresident
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