FIFTH SECTION
DECISION
Application no. 37395/09
Naira URUSHADZE and Akaki URUSHADZE
against Georgia
The European Court of Human Rights (Fifth Section), sitting on 13 February 2018 as a Committee composed of:
Yonko Grozev, President,
Gabriele Kucsko-Stadlmayer,
Lado Chanturia, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 8 June 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicants, Ms Naira Urushadze (“the first applicant”) and Mr Akaki Urushadze (“the second applicant”) are Georgian nationals, who were born in 1962 and 1987 respectively and live in Tbilisi. They were represented before the Court by Mr G. Gelenidze, a lawyer practising in Tbilisi.
2. The Georgian Government (“the Government”) were successively represented by their Agents, Mr L. Meskhoradze and Mr B. Dzamashvili, of the Ministry of Justice.
3. The applicants complained under Articles 3 and 6 §§ 1 and 3 of the Convention about the alleged lack of medical care for the first applicant’s various health issues in prison as well as about the alleged unfairness of the criminal proceedings conducted against both applicants for drug offences.
4. On 14 June and 9 October 2017 the Court received friendly settlement declarations signed by the parties under which the two applicants agreed to waive any further claims against Georgia in respect of the facts giving rise to the present application against an undertaking by the Government to pay them ex gratia 6,000 (six thousand) euros jointly to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which 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. 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 8 March 2018.
Anne-Marie DouginYonko Grozev
Acting Deputy RegistrarPresident
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