FOURTH SECTION

DECISION

Application no . 59835/12 Tsotne GAMSAKHURDIA against Georgia

The European Court of Human Rights ( Fourth Section ), sitting on 15 September 2015 as a Committee composed of:

Ledi Bianku , President, Nona Tsotsoria , Paul Mahoney , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 17 July 2012 ,

Having regard to the declaration submitted by the respondent Government on 7 May 2015 requesting the Court to strike the application out of the list of cases and the applicant ’ s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Tsotne Gamsakhurdia , is a Georgian national, who was born in 1975 and lives in Tbilisi. He was represented before the Court by Ms N. Jomarjidze , a lawyer practising in Tbilisi.

2. The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze of the Ministry of Justice .

3. The application mainly concerned the applicant ’ s entrapment claim. On 7 January 2015 it was communicated to the respondent Government under Article 6 § 1 of the Convention .

4. On 7 May 2015 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application. The exact terms of the declaration were as follows.

“The Government of Georgia express their regretful acknowledgment of a violation of Article 6 § 1 of the European Convention on Human Rights on account of failure of the domestic courts to give due consideration to the applicant ’ s entrapment claim in the course of determination of the criminal charge against him;

Bearing in mind the applicant ’ s right envisaged under Article 310 (e) of the Criminal Procedure Code of Georgia, entitling him to address the domestic courts with a request to re-open the criminal case on the basis of a decision/judgment rendered by the Court and the fact that the domestic courts are best placed to determine the applicant ’ s entrapment claim;

Having due regard to the fact that the Investigation Department of the Ministry of Corrections, which conducted the criminal investigation against the applicant, does not meet the requirements of independence and impartiality as provided for under Article 6 § 1 of the Convention; ...

The Government undertakes to pay the applicant 2,500 (two thousand five hundred) euros to cover any pecuniary and non-pecuniary damages and costs and expenses, plus any tax that may be chargeable to the applicant. ...”

5. The Government further undertook to pay the sum within three months from the date of notification of the decision by the Court. The sum will be converted into Georgian national currency at the rate applicable on the date of payment, and will be free of a ny taxes that may be applicable. In the event of failure to pay this sum within the indicated 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. They thus requested the Court to strike out the application.

6. On 22 June 2015 the applicant informed the Court that he agreed to the terms of the Government ’ s declaration.

THE LAW

7. The Court finds that following the applicant ’ s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.

8. It therefore 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.

9. 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 pursuant to Article 39 of the Convention.

Done in English and notified in writing on 8 October 2015 .

Fatoş Aracı Ledi Bianku Deputy Registrar President