FIFTH SECTION

DECISION

Application no. 62866/19 Ucha ILASHVILI against Georgia

( s ee appended table)

The European Court of Human Rights (Fifth Section), sitting on 29 September 2020 as a Committee composed of:

Ganna Yudkivska, President, Lado Chanturia, Anja Seibert-Fohr, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 29 November 2019 ,

Having regard to the formal declaration s accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table. He was represented before the Court by Mr A. Chopikashvili , a lawyer practising in Tbilisi.

The applicant ’ s complaints under Article 3 and Article 13 of the Convention that he had been ill-treated by police and that no effective investigation has been conducted into his allegations were communicated to the Georgian Government (“the Government”).

The Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Georgia in respect of the facts giving rise to this application against an undertaking by the Government to terminate the criminal proceedings pending against him (criminal case no. 023220319002). The Government in addition undertook to pay the applicant ex gratia 10,000 euros (EUR) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Georgian laris (GEL) 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 fulfilment of the above undertakings 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 22 October 2020 .

Liv Tigerstedt Ganna Yudkivska Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 3 and 13 of the Convention

( Ill-treatment during police custody and lack of any effective remedy in domestic law)

Application no. Date of introduction

Applicant ’ s name and Date of birth

Representative ’ s name and location

Date of receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for pecuniary and non ‑ pecuniary damage, costs and expenses

(in euros) [1]

62866/19

29/11/2019

Ucha ILASHVILI

04/07/1985

Chopikashvili Archil

Tbilisi

30/07/2020

07/08/2020

10,000

[1] Plus any tax that may be chargeable to the applicant .