MOROI v. THE REPUBLIC OF MOLDOVA
Doc ref: 55886/13 • ECHR ID: 001-150599
Document date: December 16, 2014
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THIRD SECTION
DECISION
Application no . 55886/13 Iulian MOROI against the Republic of Moldova
The European Court of Human Rights ( Third Section ), sitting on 16 December 2014 as a Committee composed of:
Dragoljub Popović , President, Kristina Pardalos , Valeriu Griţco , judges, and Marialena Tsirli , Deputy Section Registrar ,
Having regard to the above application lodged on 29 July 2013 ,
Having regard to the declaration accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Iulian Moroi , is a Moldovan national, who was born in 1988 and lives in Cărpineni. He was represented before the Court by Ms O. Doronceanu , a lawyer practising in Chişinău .
The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol .
The applicant complained that he was ill-treated by police officers after the viole nt demonstrations of April 2009. He also complained about the failure to properly investigate his complaint about ill-treatment, and the lack of effective remedies in respect of this complaint. He relied on Articles 3 and 13 of the Convention.
On 29 September 2014 the Court received a friendly settlement declaration signed by both parties under which the applicant agreed to waive any further claims against the Republic of Moldova in respect of the facts giving rise to this application against an undertaking by the Government to pay him 15,000 (fifteen thousand) euros to cover any pecuniary and non-pecuniary damage and 1,500 (one thousand five hundred) euros to cover any costs and expenses . The sums will be converted into Moldovan lei at the rate applicable on the date of payment, will be free of any taxes that may be applicable and 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 matter has been resolved within the meaning of Article 37 § 1 b) of the Convention and that r espect 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 . 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 37 § 1 b) of the Convention .
Marialena Tsirli Dragoljub Popović Deputy Registrar President