FIFTH SECTION

DECISION

Application no . 21476/14 Edgaras KROGERTAS against Latvia

The European Court of Human Rights (Fifth Section), sitting on 26 January 2016 as a Committee composed of:

Erik Møse, President, Yonko Grozev, Mārtiņš Mits, judges, and Milan Blaško, Deputy Section Registrar ,

Having regard to the above application lodged on 10 March 2014,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Edgaras Krogertas, is a Lithuanian national, who was born in 1978 and is detained in Riga. He was represented before the Court by Mr I. Sandlers, a lawyer practising in Riga.

The Latvian Government (“the Government”) were represented by their Agent, Ms K. Līce.

The applicant complained under Article 3 of the Convention about his alleged ill-treatment by the employees of the State Police, as well as the deficiencies of the ensuing investigation.

On 14 January 2015 and 2 December 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Latvia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 4,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable. This sum 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 18 February 2016 .

Milan BlaÅ¡ko Erik Møse              Deputy Registrar President