FOURTH SECTION
DECISION
This version was rectified on 26 May 2014
under Rule 81 of the Rules of Court.
Application no. 64566/09
Ivane SANADIRADZE
against Georgia
The European Court of Human Rights (Fourth Section), sitting on 8 April 2014 as a Committee composed of:
Paul Mahoney, President,
Nona Tsotsoria,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 7 September 2009,
Having regard to the declaration submitted by the Government on 3 February 2014 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Ivane Sanadiradze, is a Georgian national, who was born in 1976 and lives in Tbilisi. He was represented before the Court by Mr B. Mukhigulashvili, a lawyer practising in Tbilisi.
2. The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze of the Ministry of Justice.
3. On 22 November 2011 the Court communicated to the Government the applicant’s complaints under Article 3 of the Convention concerning the alleged lack of adequate medical care in prison and the refusal of the domestic courts to suspend his prison sentence in view of his serious medical condition.
4. After the failure of attempts to reach a friendly settlement, by a letter of 3 February 2014 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by the application. The relevant parts of the declaration read as follows:
“The Government wish to express by way of a unilateral declaration their regretful acknowledgment of a violation of Article 3 of the Convention due to the existence of deficiencies in the course of the medical treatment to the applicant;
Bearing in mind that the applicant had incurred certain expenses related to his medical treatment during the imprisonment;
Considering the applicant’s early release from imprisonment on the basis of the presidential parole;
The Government undertake to pay 8,000 (eight thousand) Euros to cover any pecuniary or non-pecuniary damages and costs and expenses.
This sum will be converted into the national currency at the rate applicable on the date of the payment, and will be free from 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 the period until the settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.[1]
The payment shall constitute a final resolution of the case. ...”
5. By a letter of 3 March 2014 the applicant accepted the terms of the declaration.
THE LAW
6. 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.
7. 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. 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 the list of cases in accordance with Article 39 of the Convention.
Fatoş AracıPaul Mahoney
Deputy RegistrarPresident
[1] Rectified on 26 May 2014: the paragraph concerning the modalities agreed by the parties for the payment of the amount proposed has been added.
Full & Egal Universal Law Academy