THIRD SECTION

DECISION

Application no . 56825/08 Jemal SIRADZE against Georgia

The European Court of Human Rights ( Third Section ), sitting on 12 November 2013 as a Committee composed of:

Luis López Guerra, President, Nona Tsotsoria , Valeriu Griţco , judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 13 November 2008 ,

Having regard to the declaration submitted by the respondent Government on 31 July 2013 and the applicant ’ s acceptance of its terms,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicant, Mr Jemal Siradze , is a Georgian national, who was born in 1991 and lives in Tbilisi. He was represented before the Court by Mr L . Chincharauli and Ms M . Kobakhidze , lawyers practising in Tbilisi.

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

3 . On 18 March 2013 the Court gave notice to the Government of the applicant ’ s complaints under Articles 3 and 13 of the Convention, concerning the alleged ineffectiveness of the investigation of the circumstances of his wounding and the complaints under Article 6 §§ 1 and 3 (d) of the Convention concerning the alleged unfairness of the criminal proceedings conducted against him.

4 . By a letter of 31 July 2013 the Government informed the Court that the applicant had been granted early release from prison. T he y also propos ed to settle the case by submitting the following declaration to the Court :

“ Acknowledging the existence of certain deficiencies on account of criminal proceedings against Mr Jemal Siradze and in the course of investigation procedure regarding his wounding;

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 reopen the criminal case on the basis of a decision/judgment rendered by the European Court;

The Government offers to pay ex gratia to Jemal Siradze , with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, 4,000 (four thousand) euros to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.”

5 . By a letter of 16 August 2013 the applicant informed the Court that he accepted the terms of the Government ’ s proposal.

THE LAW

6. 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 respect 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.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Marialena Tsirli Luis López Guerra Deputy Registrar President