THIRD SECTION

DECISION

Application no . 49506/08 Giorgi NEMSADZE against Georgia

The European Court of Human Rights (Third Section), sitting on 14 May 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 September 2008,

Having regard to the applicant ’ s submissions of 9 January and 25 March 2013,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Giorgi Nemsadze, is a Georgian national, who was born in 1960 and lives in Tbilisi. He was represented before the Court by Ms Mariam Neparidze, a lawyer practising in Tbilisi.

2. The application mainly concerned, under Article 3 of the Convention, the alleged absence of adequate medical care for the applicant who suffered from pulmonary tuberculosis (TB) in prison.

3. On 9 January and 25 March 2013 the applicant informed the Court that he had reached an appropriate arrangement with the respondent Government. Notably, having been granted an early release from prison on 7 December 2012, he agreed to withdraw his application in exchange for the Government ’ s undertaking to pay him 8,000 Euros in respect of any pecuniary and non-pecuniary damages, costs and expenses

THE LAW

4. T he Court considers 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