THIRD SECTION
DECISION
Application no. 78356/11
Florin Constantin MATEI
against Romania
The European Court of Human Rights (Third Section), sitting on 7 January 2014 as a Chamber composed of:
Josep Casadevall, President,
Alvina Gyulumyan,
Ján Šikuta,
Luis López Guerra,
Nona Tsotsoria,
Kristina Pardalos,
Iulia Antoanella Motoc, judges,
and Santiago Quesada, Section Registrar,
Having regard to the above application lodged on 3 November 2011,
Having regard to the decision of 20 November 2012,
Having regard to the declaration submitted by the respondent Government on 3 October 2013 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Florin Constantin Matei, is a Romanian national, who was born in 1985 and lives in Suceava. He was represented before the Court by Ms A. Enache, a lawyer practising in Bucharest.
The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, of the Ministry of Foreign Affairs.
The applicant complained under Article 3 of the Convention about the conditions of his detention in Bucharest police detention facilities.
The application was communicated to the Government.
After unsuccessful friendly-settlement negotiations, by letter dated 23 September 2013 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.
They acknowledged a violation of the applicant’s rights guaranteed by Article 3 of the Convention. They undertook to pay the applicant 2,700 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the respondent State’s national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. 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. They further requested the Court to strike out the application.
On 22 November 2013 the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government’s declaration.
THE LAW
The Court finds that following the applicant’s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.
It therefore 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.
Santiago QuesadaJosep Casadevall
RegistrarPresident
Full & Egal Universal Law Academy