THIRD SECTION
DECISION
Application no. 25050/17
Asif Kamran MOHAMMAD
against Greece
(see appended table)
The European Court of Human Rights (Third Section), sitting on 23 March 2023 as a Committee composed of:
Darian Pavli, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 24 March 2017,
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 applicant was represented by Mr E. Klianis, a lawyer practising in Thessaloniki.
The applicant’s complaint under Article 6 § 1 of the Convention concerning the refusal of domestic courts to award him compensation for his pre-trial detention on the ground that he had been the one to blame for his detention, as he had not informed the authorities about his residence and about his passport having been stolen, was communicated to the Greek Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant 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 him the amounts detailed in the appended table. 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 13 April 2023.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 of the Convention
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 pecuniary damage
(in euros)[1]
Amount awarded for non-pecuniary damage, and costs and expenses
(in euros)[2]
25050/17
24/03/2017
Asif Kamran MOHAMMAD
1974
Klianis Eleftherios
Thessaloniki
01/02/2023
02/02/2023
3,000
3,000
[1] Plus any tax that may be chargeable
[2] Plus any tax that may be chargeable to the applicant.