SECOND SECTION
DECISION
Application no. 65953/11
Alexandr NAVROTKI
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 28 June 2016 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Valeriu Griţco,
Georges Ravarani, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 8 October 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Alexandr Navrotki, is a Moldovan national, who was born in 1979 and lives in Chisinau He was represented before the Court by Mr V. Ţurcan and Mr M. Belinschi, lawyers practising in Chisinau.
The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol.
The applicant complained under Article 3 of the Convention about lack of medical assistance and under Article 5 of the Convention about lack of relevant and sufficient reasons to order and prolong his remand in custody and about the fact that the rights of the defence were breached during the proceedings concerning his remand in custody.
On 9 July and 22 July 2013 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Republic of Moldova in respect of the facts giving rise to this application against an undertaking by the Government to pay him 3,500 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Moldovan lei 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 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 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 21 July 2016.
Hasan BakırcıStéphanie Mourou-Vikström
Deputy RegistrarPresident
Full & Egal Universal Law Academy