THIRD SECTION

DECISION

Application no . 74450/11 Radu BANARI against the Republic of Moldova

The European Court of Human Rights ( Third Section ), sitting on 17 September 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 25 November 2011 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Radu Banari , is a Moldovan national, who was born in 1989 and lives in Chișinău. He was represented before the Court by Ms M. Banari , a lawyer practising in Chișinău .

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

The applicant complained under Article 3 of the Convention about the ill-treatment received at the hands of the police in April 2009 and failure to conduct an effective investigation into his allegation of ill-treatment.

On 9 July and 1 6 July 201 3 the Court received friendly settlement declarations signed by the 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 1 2 ,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Moldovan lei at the rate applicable on the date of payment. It 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 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 Luis López Guerra Deputy Registrar President