FOURTH SECTION
DECISION
Application no. 65879/10
Tengiz LAGVILAVA
against Georgia
The European Court of Human Rights (Fourth Section), sitting on 21 February 2017 as a Committee composed of:
Krzysztof Wojtyczek, President,
Nona Tsotsoria,
Marko Bošnjak, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 11 November 2010,
Having regard to the declaration submitted by the respondent Government on 4 October 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
1. The applicant, Mr Tengiz Lagvilava, is a Georgian national, who was born in 1974 and was at the material time detained in Rustavi prison. He was represented before the Court by his mother, Ms N. Kantaria.
2. The Georgian Government (“the Government”) were successively represented by their Agents, Mr L. Meskhoradze and Mr B. Dzamashvili, of the Ministry of Justice.
3. The case concerned the alleged lack of adequate medical treatment for the applicant’s various medical conditions in prison. On 27 May 2011 the Court gave notice to the Government of the applicant’s complaint under Article 3 of the Convention.
4. By a letter of 4 October 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 1,000 (one thousand) euros to Mr Tengiz Lagvilava 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 (65879/10).”
5. By a letter of 23 January 2017 the applicant submitted that he accepted the terms of the Government’s proposal.
THE LAW
6. 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 pursuant to Article 37 § 1 (b) of the Convention.
Done in English and notified in writing on 16 March 2017.
Andrea TamiettiKrzysztof Wojtyczek
Deputy RegistrarPresident
Full & Egal Universal Law Academy