FOURTH SECTION
DECISION
Application no. 41099/14
Tracey Jayne MOLAMPHY
against Portugal
The European Court of Human Rights (Fourth Section), sitting on 4 April 2017 as a Committee composed of:
Iulia Motoc, President,
Paulo Pinto de Albuquerque,
Marko Bošnjak, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 31 May 2014,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Ms Tracey Jayne Molamphy, is a British national, who was born in 1971 and lives in Leigh. She was represented before the Court by Ms V. Costa Ramos, a lawyer practising in Lisbon.
2. The Portuguese Government (“the Government”) were represented by their Agent, Ms M. F. da Graça Carvalho, Deputy Attorney General.
3. The applicant complained under Article 5 §§ 1 and 5 of the Convention that she was unlawfully arrested and detained between 3 and 15 May 2008 and that she was deprived of the opportunity to obtain compensation in that regard.
4. On 27 February 2017 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Portugal in respect of the facts giving rise to this application against an undertaking by the Government to pay her 30,000 (thirty thousand) euros to cover any non-pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable and 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 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
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. 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 4 May 2017.
Andrea TamiettiIulia Motoc
Deputy RegistrarPresident
Full & Egal Universal Law Academy