THIRD SECTION
DECISION
Application no. 5478/09
Aleksandre RAZMADZE
against Georgia
The European Court of Human Rights (Third Section), sitting on 1 October 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 22 January 2009,
Having regard to the declaration submitted by the respondent Government on 2 September 2013 and the applicant’s acceptance of its terms,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Aleksandre Razmadze, is a Georgian national, who was born in 1972 and lives in Tbilisi. He was represented before the Court by Mr Jason Beselia, a lawyer practising in Tbilisi.
2. The Georgian Government (“the Government”) were represented by their Agent, Mr Levan Meskhoradze of the Ministry of Justice.
3. On 6 July 2009 the Court gave notice to the Government of the applicant’s complaints under Article 3 of the Convention concerning the alleged lack of treatment for his various medical conditions.
4. On 2 September 2013 the Court received a friendly settlement declaration signed by both parties, which reads as follows:
“The Government will pay Mr Aleksandre Razmadze 2,500 (two thousand five hundred) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.
This sum will be converted into Georgian laris at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 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.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Marialena TsirliLuis López Guerra
Deputy RegistrarPresident
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