SECOND SECTION
DECISION
Application no. 24316/13
Aleksandr SAAREPU
against Estonia
The European Court of Human Rights (Second Section), sitting on 7 February 2017 as a Committee composed of:
Nebojša Vučinić, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 3 April 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Aleksandr Saarepu, is a stateless person, who was born in 1966 and lives in Narva, Estonia.
The Estonian Government (“the Government”) were represented by their Agent, Ms Maris Kuurberg, Ministry of Foreign Affairs.
The applicant complained under Article 3 of the Convention about the insufficiency of outdoor walks during his detention between 11 January 2010 and 8 March 2010 as well as between 11 March 2010 and 10 May 2010.
On 12 December 2016 and 13 December 2016 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Estonia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 5,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which 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
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 2 March 2017.
Hasan BakırcıNebojša Vučinić
Deputy RegistrarPresident
Full & Egal Universal Law Academy