FOURTH SECTION
DECISION
Application no. 23191/14
Vasile Tarzan PREDA
against Romania
The European Court of Human Rights (Fourth Section), sitting on 4 April 2017 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Iulia Motoc,
Marko Bošnjak, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 24 April 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, Mr Vasile Tarzan Preda, is a Romanian national, who was born in 1971 and lives in Ograji. He was represented before the Court by Ms C. Boghină, a lawyer practising in Bucharest.
2. The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, of the Ministry of Foreign Affairs.
3. The applicant complained under Article 3 of the Convention about the conditions of his detention in Târgu Jiu Prison.
4. On 23 November 2016 and 7 February 2017 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Romania in respect of the facts giving rise to this application against an undertaking by the Government to pay him 9,000 (nine thousand) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses. This sum 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
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 TamiettiPaulo Pinto de Albuquerque
Deputy RegistrarPresident
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