THIRD SECTION
DECISION
Application no. 114/19
M.H. and M.H.
against Greece
The European Court of Human Rights (Third Section), sitting on 18 April 2024 as a Committee composed of:
Peeter Roosma, President,
Andreas Zünd,
Oddný Mjöll Arnardóttir, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 31 December 2018,
Having regard to the decision to grant the applicants anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants in the present case are two Iraqi nationals born in 1991 and 1994, respectively. They were represented by Mr K. Tsitselikis, a lawyer practising in Thessaloniki.
The applicants’ complaints under Articles 3 and 13 of the Convention concerning their living conditions in “hotspots” on the Greek islands and the availability of domestic remedies were communicated to the Greek Government (“the Government”) on 15 June 2022.
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Greece in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay the amount of 6,000 euros to each of the applicants. These amounts 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 16 May 2024.
Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President