FIFTH SECTION

DECISION

Application no . 9573/12 Svebor Å TAMPALIJA against Slovenia

The European Court of Human Rights ( Fifth Section ), sitting on 14 October 2014 as a Committee composed of:

Angelika Nußberger , President, Boštjan M. Zupančič , Vincent A. D e Gaetano , judges, and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above application lodged on 10 February 2012 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Svebor Štampalija , is a Croatian national, who was born in 1968 and lives in Ljubljana. He was represented before the Court by Odvetniška pisarna Du š an Tr š an in odvetniki d.o.o ., a law firm practicing in Ljubljana.

The Slovenian Government (“the Government”) were represented by their Agent, Mr s T. Miheli č Ž itko .

The applicant complained under Article 3 of the Convention about the conditions of detention in Ljubljana Prison and under Article 13 about the absence of an effective remedy in that regard.

A fter the Government had been given notice of the application, t he applicant informed the Court that he wished to withdraw it in the part regarding the material conditions of detention and the lack of an effective remedy in that regard, as a s ettlement was reached with the State Attorney ’ s Office in that part .

However, the applicant informed the Court th at he maintained his application as regards the complaints concerning alleged ly inadequate health care in Ljubljana Prison and the complaint regarding the use of handcuffs.

THE LAW

In the absence of any indication to the contrary, the Court 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 part of the application regarding the material conditions of detention and the lack of an effective remedy in that regard out of the list in accordance with Article 37 § 1 (b) of the Convention.

As regards the applicant ’ s wish to maintain his application as regards the complaints concerning alleged ly inadequate health care and the complaint regarding the use of handcuffs , the Court notes that these complaints must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention for non-exhaustion of domestic remedies and for being lodged outside the six ‑ month time-limit .

For these reasons, the Court, unanimously,

Decides to strike the part of the application concerning the complaint about the material conditions of detention and the lack of an effective domestic remedy in that regard out of its list of cases in a ccordance with Article 37 § 1 (b ) of the Convention .

Declares the remainder of the application inadmissible.

Stephen Phillips Angelika Nußberger              Deputy Registrar President