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MIRON v. THE REPUBLIC OF MOLDOVA

Doc ref: 24804/14 • ECHR ID: 001-183898

Document date: May 15, 2018

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MIRON v. THE REPUBLIC OF MOLDOVA

Doc ref: 24804/14 • ECHR ID: 001-183898

Document date: May 15, 2018

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 24804/14 Marcel MIRON against the Republic of Moldova

The European Court of Human Righ ts (Second Section), sitting on 15 May 2018 as a Committee composed of:

Paul Lemmens, President, Valeriu Griţco, Stéphanie Mourou-Vikström, judges,

and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 20 March 2014,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Marcel Miron, is a Moldovan national, who was born in 1999 and lives in Scoreni. He was represented before the Court by Mr D. Asandei, a lawyer practising in Chișinău, and his mother Ms M. Miron.

The Moldovan Government (“the Government”) were represented by their Agent, Mr O. Rotari.

The applicant complained under Article 2 of the Convention about the effectiveness of the criminal investigation into the circumstances surrounding his being electrocuted by an unsecured electric transformer when he was a minor.

On 22 and 23 February 2018 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Republic of Moldova in respect of the facts giving rise to this application against an acknowledgement by the Government of a breach of Article 2 of the Convention and an undertaking to pay him 12,000 euros (EUR) for non-pecuniary damage as well as EUR 500 for costs and expenses, sums which will be converted into Moldovan lei at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. The sums 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 these sums within the said three-month period, the Government undertook 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 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. 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 7 June 2018 .

Hasan Bakırcı Paul Lemmens              Deputy Registrar President

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

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