SECOND SECTION

DECISION

Application no. 52040/16 Maxim MARȚÎNIUC against the Republic of Moldova

The European Court of Human Rights (Second Section), sitting on 6 February 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 26 August 2016,

Having regard to the friendly settlement agreement reached by the parties,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Maxim Marțîniuc, is a Moldovan national, who wa s born in 1980 and lives in Chiș in ă u. He was represented before the Court by Mr N. Marandici, a lawyer practising in Chi ș in ă u.

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

The applicant complained under Article 5 of the Convention about the excessive length of his detention and under Article 3 of the Convention about the poor conditions of detention in Prison No. 13.

On 5 January 2018 the Court received a friendly settlement agreement 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 5 § 1 of the Convention and an undertaking to pay him 4,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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. 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

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 .

Hasan Bakırcı Paul Lemmens              Deputy Registrar President