SECOND SECTION
DECISION
Application no. 55364/09
Fiodor NEICOVCEN and Fiodor MOSCOGLO
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 6 February 2018 as a Committee composed of:
Paul Lemmens, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, Section Deputy Registrar,
Having regard to the above application lodged on 3 October 2009,
Having regard to the friendly settlement agreements reached by the parties,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Fiodor Neicovcen and Mr Fiodor Moscoglo, are Moldovan nationals, who were born in 1973 and 1983 respectively and are detained in Cahul. They were represented before the Court by Mr A. Beruceaşvili and Mr A. Maslov, lawyers practising in Chișinău.
The Moldovan Government (“the Government”) were represented by their Agent, Mr O. Rotari.
The applicants complained under Article 5 § 1 of the Convention about unlawful detention.
On 5 January 2018 the Court received two friendly settlement agreements signed by the parties under which the applicants agreed to waive any further claims against the Republic of Moldova in respect of the facts giving rise to this application against an acknowledgement by the Government of a breach of Article 5 § 1 of the Convention and an undertaking to pay each of them 6,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which sums 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. The amounts 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 these sums within the said three-month period, the Government undertook 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 settlements are 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 1 March 2018.
Hasan BakırcıPaul Lemmens
Deputy RegistrarPresident
Full & Egal Universal Law Academy