FOURTH SECTION

DECISION

Application no . 65128/10 Vazha GEGENAVA and others against Georgia

The European Court of Human Rights (Fourth Section), sitting on 20 October 2015 as a Committee composed of:

Paul Mahoney, President, Nona Tsotsoria, Faris Vehabović, judges,

and Fatoş Aracı, Deputy Section Registrar ,

Having regard to the above application lodged on 27 October 2010,

Having regard to the Government ’ s proposal made on 31 July 2015 and to the applicants ’ reply,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. A list of the applicants is set out in the appendix. They were represented before the Court by Ms N. Andriashvili, a lawyer practicing in Tbilisi. The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze of the Ministry of Justice. The applicants mainly complained under Article 3 of the Convention about various incidents of their alleged ill-treatment in prison and poor conditions of detention.

2. On 12 March 2015 the applicants ’ complaints under Article 3 of the Convention were communicated to the Government. On 31 July 2015 the Government wrote to the Court setting out the following friendly settlement proposal:

“The Government of Georgia acknowledge a violation of the applicants ’ rights under Article 3 of the European Convention on Human Rights on account of the shortcomings identified in the course of the inves tigation of criminal cases nos. 74068404, 074098003, 073100125 and 010118093 concerning the applicants ’ allegations of ill-treatment. They also do so on account of the material conditions of the applicants ’ detention in Rustavi no. 2 and Rustavi no. 6 Prisons, Kutaisi no. 2 Prison and the prison hospital and the lack of adequate medical treatment with respect to the second and third applicants.

The respondent Government with a view to securing a friendly settlement of the case at hand, propose the following:

The Government undertake to ensure the effectiveness and prompt finalisation of the ongoing investigations of criminal cases nos. 74068404, 074098003, and 010118093. As regards the criminal case no. 073100125, the Government undertake to reopen the investigation into the third applicant ’ s allegations of being subjected to ill-treatment on 6 March 2010 in Rustavi no. 2 Prison and to ensure its effectiveness in full compliance with the principles established by the Court.

In addition, in the light of the above considerations and taking into account the factual circumstances pertinent to each applicant, the Government will pay Mr Vazha Gegenava EUR 2,000 (two thousand euros), Mr Imeda Butkhuzi, EUR 3,000 (three thousand euros) and Mr Rudik Ovakimyan – EUR 3,500 (three thousand five hundred euros) to cover any and all pecuniary and non-pecuniary damage and costs and expenses, plus any tax that may be chargeable to the applicants.

This sum will be converted into the national currency of Georgia 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 its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertake 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 fulfilment of the above mentioned conditions shall constitute the final resolution of the case.”

3. By a letter of 15 September 2015 the applicants ’ representative informed the Court that her clients accepted the Government ’ s proposal.

THE LAW

4. 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 12 November 2015 .

FatoÅŸ Aracı Paul Mahoney              Deputy Registrar President

Appendix

N o .

Applicant name

Birth date

Nationality

Vazha GEGENAVA

08/12/1977

Georgian

Imeda BUTKHUZI

16/02/1984

Georgian

Rudik OVAKIMYAN

03/10/1983

Georgian