SECOND SECTION
DECISION
This version was rectified on 21 and 27 January 2021
under Rule 81 of the Rules of Court.
Application no. 23655/14
L.A.
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 17 December 2020 as a Committee composed of:
Branko Lubarda, President,
Carlo Ranzoni,
Pauliine Koskelo, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 13 March 2014,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table. The President of the Section decided under Rule 47 § 4 of the Rules of Court to grant the applicant anonymity.
The applicant was represented by Mr A. Postică, a lawyer practising in Chișinău.
The applicant’s complaint under Article 3 of the Convention concerning the effectiveness of the investigation into sexual violence against the applicant’s daughter, were communicated to the Moldovan Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.
The Court received the 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, subject to an undertaking by the Government to pay her the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 the Protocols thereto 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 21 January 2021.
Liv TigerstedtBranko Lubarda
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 3 of the Convention
(sexual violence caused by a private individual)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses
(in euros)[2]
23655/14
13/03/2014
L. A.
1978
Postică Alexandru
Chisinau
27/10/2020
27/10/2020
7,500[1]
1,500
(to be paid directly to the applicant’s representative)[2]
[1] Rectified on 21 January 2021: “9,000” was replaced by “7,500”.
[2] Rectified on 27 January 2021: the text “to be paid directly to the applicant’s representative” has been added.
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.
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