FIFTH SECTION

DECISION

Application no . 39881/12 Valon BEJTULAI against Slovenia

The European Court of Human Rights ( Fifth Section ), sitting on 15 October 2013 as a Committee composed of:

Ann Power-Forde, President, Boštjan M. Zupančič, Helena Jäderblom, judges, and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above application lodged on 22 June 2012 ,

Having regard to t he friendly settlement reached between the parties,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Valon Bejtulai , is a Slovenian national, who was born in 1990 and lives in Ljubljana . The Slovenian Government (“the Government”) were represented by their Agent, Mrs N. Pint ar Gosenca.

The applicant complained under Article 3 of the Convention about the material conditions of detention in the remand section of Ljubljana Prison and under Article 13 of the Convention about the lack of an effective domestic remedy in that regard.

THE LAW

T he Court notes that, after the Government had been given notice of the application, they informed the Court that they had reached a settlement with the applicant as regards the material conditions of detention in the remand section of Ljubljana Prison and the lack of an effective domestic remedy .

The Court takes note that a settlement was reached between the parties at the domestic level by which the Government acknowledged a violation and undertook to pay the applicant c ompensation with respect to non ‑ pecuniary damages incurred as a result of the improper conditions of detention in remand prison and the lack of an effective remedy in that respect. In the absence of any indication to the contrary, 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 (Article 37 § 1 in fine of the Convention).

In view of the above, it is appropriate to strike the application out of the list in accordance with Article 37 § 1 (b) of the Convention.

For these reasons, the Court unanimously

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

Stephen Phillips Ann Power-Forde Deputy Registrar President