FOURTH SECTION

DECISION

Application no . 6926/10 Irakli ABASHIDZE against Georgia

The European Court of Human Rights (Fourth Section), sitting on 13 September 2016 as a Committee composed of:

Krzysztof Wojtyczek, President, Nona Tsotsoria, Marko Bošnjak, judges, and Andrea Tamietti, Deputy Section Registrar ,

Having regard to the above application lodged on 21 January 2010,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Irakli Abashidze, is a Georgian national, who was born in 1995 and lives in Batumi. He was represented before the Court by Ms T. Abazadze and Ms T. Dekanosidze, lawyers practising in Tbilisi.

2. The Georgian Government (“the Government”) were represented by their Acting Agent, Ms Sh. Mezurnishvili, of the Ministry of Justice.

3. The applicant, a minor person at the material time of the events, complained about the unreasonableness of the length of his pre-trial detention – five months – in the light of the principles established under Article 5 § 3 of Convention.

4. After notice of the application had been given to the Government, on 4 May and 1 June 2016 the Court received declarations submitted by both parties, whereby the applicant agreed to have his application struck out of the Court ’ s list of cases against the following acknowledgments and undertakings made by the Government:

“The Government express their regretful acknowledgement of a violation of Article 5 § 3 of the Convention on account of the applicant ’ s placement in detention on remand for five months without sufficient reasons.

The Government note a recent, successfully accomplished reform of the juvenile system. More specifically, according to the new Juvenile Justice Code, the preventive measure of pre-trial detention shall be applied with respect to a minor in exceptional cases only, and shall be subjected to a close scrutiny by the relevant judicial authorities. Prior to the opening of a pre-trial conference, the length of detention on remand of a minor shall not exceed 40 days; subsequent to the opening of the pre-trial conference, the need for continued detention shall be regularly reviewed every 20 days.

The Government propose to pay the applicant, with a view to securing a friendly settlement between the parties, 1,000 (one thousand) Euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses. This amount will be converted into the respondent State ’ s national currency at the rate applicable on the date of payment and be free of any taxes that might be applicable to the applicant. 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.”

5. By a letter of 30 June 2016, the applicant confirmed again that the terms of the above-mentioned declaration were fully acceptable to him, and that he was ready to drop all his claims against the respondent State.

THE LAW

6. 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 6 October 2016 .

Andrea Tamietti Krzysztof Wojtyczek              Deputy Registrar President