THIRD SECTION
DECISION
Application no. 1487/11
Ion POPOVSCHI
against the Republic of Moldova
The European Court of Human Rights (Third Section), sitting on 3 December 2013 as a Committee composed of:
Luis López Guerra, President,
Nona Tsotsoria,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 27 December 2010,
Having regard to the formal declaration accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ion Popovschi, is a Moldovan national, who was born in 1986 and lives in Chișinău. He was represented before the Court by Mr A. Croitor, a lawyer practising in Chişinău.
The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol.
The applicant complained under Articles 3, 5 § 1, 6 § 1 and 13 of the Convention about his unlawful detention after the violent demonstrations of April 2009, during which time he was ill-treated, the failure to properly investigate his complaint about ill-treatment, the failure to bring him promptly before a judge and the lack of effective remedies in respect of his other complaints.
On 1 July 2013 the Court received a friendly settlement declaration 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 15,000 (fifteen thousand) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the currency of the respondent State 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
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (b) of the Convention, considers that it is no longer justified to continue the examination of the application.
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.
Marialena TsirliLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy