THIRD SECTION

DECISION

Application no . 51767/09 Zaza TSKHOIDZE against Georgia

The European Court of Human Rights (Third Section), sitting on 27 November 2012 as a Committee composed of:

Luis López Guerra, President, Nona Tsotsoria, Kristina Pardalos, judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 16 September 2009,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Zaza Tskhoidze, is a Georgian national, who was born in 1978 and lives in Tbilisi. He was represented before the Court by Mr Arkadi Revazishvili, a lawyer practising in Tbilisi. The Georgian Government (“the Government”) were represented by their Agent, Mr Levan Meskhoradze of the Ministry of Justice.

On 21 May 2012 the Court gave notice to the Government of the applicant ’ s complaint under Article 3 of the Convention concerning the material conditions of his detention in various penitentiary establishments.

By a letter of 14 September 2012 the Court received the Government ’ s friendly settlement proposal saying that the Government are prepared to pay the applicant EUR 3,000 (three thousand) in compensation for any pecuniary and non-pecuniary damage.

On 18 October 2012 the Court received the applicant ’ s representative ’ s letter of acceptance of such proposal under which the applicant agreed to waive any further claims against Georgia in respect of the facts giving rise to this application.

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.

As to the amount of compensation offered to the applicant, the Court considers that it should be converted into the national currency of the respondent State at the rate applicable on the date of the payment, and paid within three months from the date of notification of the Court ’ s decision issued in accordance with Article 39 § 3 of the Convention. In the event of a failure to pay this sum within the said three-month period, simple interest shall be payable on the amount in question at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points. The payment will constitute the final resolution of the case.

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