FIRST SECTION

DECISION

Application no. 71358/12 Michael GARE - SIMMONS against the United Kingdom

The European Court of Human Rights (First Section), sitting on 6 February 2018 as a Committee composed of:

Kristina Pardalos, President, Pauliine Koskelo, Tim Eicke, judges,

and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 22 October 2012,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Michael Gare-Simmons, is a British national, who was born in London and lives in Gerona, Spain.

2. The United Kingdom Government (“the Government”) were represented by their Agent, Ms Verity Robson of the Foreign and Commonwealth Office.

3. The applicant was arrested on 18 May 2011 on suspicion of sexual assault on an adult male. On arrest, his DNA, fingerprints, and photograph were taken and retained on the relevant, state databases. The applicant was later released without charge.

4. The applicant complained under Article 8 of the Convention about the retention of his biometric data and his photograph. On 1 December 2017 and 4 December 2017 the Court received friendly settlement declarations signed by the parties.

5. In the friendly settlement declaration the government confirmed that the applicant ’ s biometric data (namely his DNA sample, DNA profile and fingerprints) were deleted on 1 October 2014 at the latest, and that his photograph was deleted on 11 May 2017 at the latest.

6. The applicant agreed to waive any further claims against the United Kingdom in respect of the facts giving rise to this application against an undertaking by the Government to pay him EUR 500 (Five hundred euros) to cover any and all costs and expenses, plus any tax that may be chargeable to him, which will be converted into pounds sterling at the rate applicable on the date of payment, and 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

7. 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 1 March 2018 .

             Renata Degener Kristina Pardalos              Deputy Registrar President