FIFTH SECTION

DECISION

Application no . 43398/09 Mikheil KOTRIKADZE against Georgia

The European Court of Human Rights (Fifth Section), sitting on 27 June 2017 as a Committee composed of:

Síofra O ’ Leary, President, Nona Tsotsoria , Lәtif Hüseynov , judges,

and Anne-Marie Dougin, Acting Deputy Section Registrar ,

Having regard to the above application lodged on 6 August 2009,

Having regard to the declaration submitted by the Government on 25 November 2016 requesting the Court to strike the application out of its list of cases and the applicant ’ s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mikheil Kotrikadze is a Georgian national, who was born in 1980 and lives in Tbilisi. He was represented before the Court by Ms S. Abuladze , a lawyer practising in Tbilisi.

The Georgian Government (“the Government”) were represented by their Agents, Mr L. Meskhoradze and Mr B. Dzamashvili , of the Ministry of Justice.

The applicant complained, in particular, under Article 3 of the Convention about the conditions of detention in Rustavi Prison no. 2. On 21 May 2012 the Court gave notice to the Government of the applicant ’ s complaint.

By a letter of 25 November 2016 the Government informed the Court that they proposed to settle the case by submitting the following declaration:

“In light of the particular circumstances of the present case and with a view to securing the friendly settlement between the parties, the Government offer to pay 2,000 (two thousand) euros to Mr Mikheil Kotrikadze to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.

This sum will be converted into Georgian Laris 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 to strike the case out of the list of cases. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 shall constitute the final resolution of the case (43398/09).”

On 25 May 2017 the Court received a letter from the applicant stating that he accepted the terms of the Government ’ s proposal and agreed to waive any further claims against Georgia in respect of the facts giving rise to this application.

THE LAW

In the light of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine .

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 20 July 2017 .

Anne-Marie Dougin Síofra O ’ Leary              Acting Deputy Registrar President