FOURTH SECTION
DECISION
Application no. 2012/08
Gotcha SAMSIANI
against Georgia
The European Court of Human Rights (Forth Section), sitting on 4 March 2014 as a Committee composed of:
Päivi Hirvelä, President,
Nona Tsotsoria,
Faris Vehabović, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 15 December 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Gotcha Samsiani, is a Georgian national, who was born in 1969 and lives in Tbilisi. He was represented before the Court by Mr Sh. Shavgulidze, succeeded by Ms E. Surguladze, a lawyer practising in Tbilisi.
The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze of the Ministry of Justice.
On 6 September 2011 the Court communicated to the Government the applicant’s complaint under Article 3 of the Convention concerning his placement in an ordinary prison facility rather than in a proper psychiatric institution.
By a letter of 5 December 2013 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the application. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
The relevant parts of the declaration read as follows:
“Acknowledging a violation of Article 3 of the European Convention on account of the deficiencies identified in the course of psychiatric care of the applicant;
The Government undertake to pay Mr Gotcha Samsiani 5,000 (five thousand) euros to cover any and all 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 the national currency 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 pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 shall constitute a final resolution of the case. ...”
By a letter of 10 January 2014 the applicant informed the Court that he accepted the terms of the declaration.
THE LAW
The Court considers that the applicant’s express agreement to the terms of the declaration made by the Government can be considered as an implied friendly settlement between the parties.
It therefore 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 (Article 37 § 1 in fine of the Convention).
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Fatoş AracıPäivi Hirvelä
Deputy RegistrarPresident
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