FIFTH SECTION
DECISION
Application no. 57863/15
Uwe Reinhold ODERMATT
against Germany
The European Court of Human Rights (Fifth Section), sitting on 7 March 2017 as a Committee composed of:
Erik Møse, President,
Yonko Grozev,
Lәtif Hüseynov, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 19 November 2015,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Uwe Reinhold Odermatt, is a German national, who was born in 1962 and is currently detained in Freiburg. He was represented before the Court by Mr A. Wizemann, a lawyer practising in Stuttgart.
The German Government (“the Government”) were represented by two of their Agents, Mr H.-J. Behrens and Mrs K. Behr, of the Federal Ministry of Justice and Consumer Protection.
The applicant complained under Articles 5 § 1 and 7 § 1 of the Convention about his retrospective preventive detention which was ordered by the Stuttgart Regional Court in a final judgment of 20 March 2013 and executed in Bruchsal and Freiburg Prisons.
On 8 February 2017 the Court received a friendly settlement agreement, reached directly between the parties without the Court’s involvement and duly signed by both of them. Under that agreement, the applicant consented to having his application struck out of the Court’s list of cases against an undertaking by the Government to pay him 8,000 (eight thousand) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses. This amount will be payable within three months from the date of the decision taken by the Court to strike the application out of its list. The payment will constitute the final resolution of the case.
THE LAW
In the light of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 30 March 2017.
Anne-Marie DouginErik Møse
Acting Deputy RegistrarPresident
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