SECOND SECTION

DECISION

Application no . 65849/14 Tamara SCODINA against the Republic of Moldova

The European Court of Human Rights ( Second Section), sitting on 30 August 2016 as a C ommittee composed of:

Nebojša Vučinić, President, Valeriu Griţco, Stéphanie Mourou-Vikström, judges, and Hasan Bakirci, Deputy Section Registrar ,

Having regard to the above application lodged on 25 September 2014,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Tamara Scodina, is a Moldovan national, who was born in 1968 and lives in Chişinău. She is represented before the Court by Mr B. Malachi, a lawyer practising in Chișinău.

The Moldovan Government were represented by their Agent, Mr M. Gurin.

The applicant complained under Article 3 of the Convention that the authorities had failed to fulfil their positive obligations of offering her protection from domestic violence and had applied mild sanctions to her aggressor.

On 19 May and 8 June 2016 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, whether before the domestic authorities and courts or the European Court of Human Rights, in respect of the facts giving rise to this application against the Government ’ s unconditional acknowledgement that the applicant ’ s rights guaranteed under Article 3 of the Convention had been breached. Moreover, the Government offered to pay her 12,000 (twelve thousand) euros, plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into Moldovan lei at the rate applicable at the date of settlement, as well as 1,000 (one thousand) euros to cover any and all costs and expenses, plus any tax that might be chargeable to the applicant. These sums would be payable within three months from the date of notification of the Court ’ s decision. 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 would 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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). 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 in accordance with Article 39 of the Convention .

Done in English and notified in writing on 22 September 2016 .

Hasan Bakırcı NebojÅ¡a Vučinić              Deputy Registrar President