THIRD SECTION

DECISION

Application no . 64785/11 Adrian REPESCU and Constantin REPESCO against the Republic of Moldova

The European Court of Human Rights ( Third Section ), sitting on 25 November 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 30 May 2011 ,

Having regard to the declaration made by the Government and acceptance of its terms by the applicants ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Mr Adrian Repescu and Mr Constantin Repesco , are Moldovan nationals, who were born in 1979 and 1987 respectively and live in P î rlița . They were represented before the Court by Mr A. Postica , lawyer practising in Chişinău .

The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol.

The applicants complained under Article 3 of the Convention that they had been ill-treated by the police during their detention, that they had not been given the medical assistance required by their condition and that the investigation of their complaint about ill-treatment had not been effective. They also complained under Article 13 of the Convention that they had not had effective remedies in respect of their complaints under Article 3 of the Convention.

On 23 November 2012 the case was communicated to the respondent G overnment .

On 5 November 2013 the Court received the following d eclaration from the Government:

“ ...

The Government acknowledge that the applicants suffered a breach of their rights guaranteed by Articles 3 and 13 of the Convention, taken separately and in conjunction, on account of ill-treatment inflicted in the police custody, inadequate medical assistance and ineffective investigation of such allegations.

...

Accordingly, the Government ... propose the following sums of money as just satisfaction: 15,000 Euro (fifteen thousand euro) for pecuniary and non-pecuniary damage to be paid to each of the applicants; 1,500 Euro (one thousand five hundred euros) for the costs and expenses to be paid directly into the account of the applicants ’ representative.

The Government declare that the above sums proposed for compensation will be converted into Moldovan lei at the rate applicable on the date of payment, and free of any taxes that may be applicable. [They] will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the Convention . In the event of failure to pay the s e sum s within the said three-month period, the Government undert a k e to pay simple interest on t hem , 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 p lus three percentage points. This payment will constitute the final resolution of the case. ”

On 20 January 2014 the Court was informed by the applicants ’ representative that they accepted the terms of the declaration made by the Government.

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.

Marialena Tsirli Dragoljub Popović              Deputy Registrar President