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IPATE v. THE REPUBLIC OF MOLDOVA

Doc ref: 5131/10;25230/14 • ECHR ID: 001-202907

Document date: April 30, 2020

  • Inbound citations: 1
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IPATE v. THE REPUBLIC OF MOLDOVA

Doc ref: 5131/10;25230/14 • ECHR ID: 001-202907

Document date: April 30, 2020

Cited paragraphs only

SECOND SECTION

DECISION

Application s nos 5131/10 and 25230/14 Nichita IPATE against the Republic of Moldova (s ee appended table)

The European Court of Human Rights (Second Section), sitting on 30 April 2020 as a Committee composed of:

Ivana Jelić , President, Arnfinn Bårdsen , Darian Pavli, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application s lodged on the various dates indicated in the appended table,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applications is set out in the appended table.

The applicant was represented by M. Semenihin , a lawyer practising in Cricova .

The applicant ’ s complaints under Article 8 of the Convention concerning the censorship of his correspondence were communicated to the Moldovan Government (“the Government”) .

The Court received friendly-settlement declarations under which the applicant agreed to waive any further claims against the Republic of Moldova in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above ­ mentioned three-month period, the Government undertake to pay simple interest on them, 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 cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision .

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 the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the case s out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention .

Done in English and notified in writing on 4 June 2020 .

Liv Tigerstedt Ivana Jelić Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 8 of the Convention ( censorship of correspondence )

No.

Application no. Date of introduction

Applicant ’ s name

Date of birth

Date of receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per application

(in euros) [1]

5131/10

26/10/2009

Nichita IPATE

14/02/1971

04/02/2020

28/01/2020

800

25230/14

24/03/2014

Nichita IPATE

14/02/1971

04/02/2020

28/01/2020

800[1] Plus any tax that may be chargeable to the applicants.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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