FOURTH SECTION
DECISION
Application no. 35220/09
Mr Zviad MAZMISHVILI
against Georgia
The European Court of Human Rights (Fourth Section), sitting on 24 June 2104 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 17 June 2009,
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 Zviad Mazmishvili, is a Georgian national, who was born in 1982 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 Agent, Mr L. Meskhoradze, of the Ministry of Justice.
2. The case mainly concerned under Articles 3 and 8 of the Convention the alleged absence of adequate medical care for the applicant’s various diseases as well as his inability to be regularly visited by his family in prison.
THE LAW
3. On 11 March 2014 the Court received the following declaration from the Government:
“I, Levan Meskhoradze, the Government Agent, declare that the Government of Georgia offer to pay ex gratia to Mr Zviad Mazmishvili, with a view to securing a friendly settlement of the above mentioned case pending before the European Court of Human Rights, EUR 6,000 (six thousand 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.
These sum will be converted into the 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 these sums within the said three-month period, the Government undertake to pay simple interest on them, 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.”
4. On 5 May 2014 the Court received the following declaration signed by the applicant:
“I, Salome Abuladze, note that the Government of Georgia are prepared to pay ex gratia to Mr Zviad Mazmishvili, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 6,000 (six thousand 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.
These sums will be converted into the 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Having consulted my client, I would inform you that he accepts the proposal and waives any further claims against Georgia in respect of the facts giving rise to this application. He declares that this constitutes a final resolution of the case.”
5. 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.
6. 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