THIRD SECTION

DECISION

Application no . 5116/08 Aurel LEVINTA against the Republic of Moldova

The European Court of Human Rights (Third Section), sitting on 10 July 2012 as a Committee composed of:

Ineta Ziemele , President, Ján Šikuta , Nona Tsotsoria , judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 21 December 2007,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Aurel Levinta , is a Moldovan national, who was born in 1955 and lives in Ciocalteni . He was represented before the Court by Mr B. Dariev , a lawyer practising in Orhei .

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

The applicant complained under Article 3 of the Convention that he had been subjected to ill-treatment by police.

On 10 May 2012 and 11 June 2012 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 15,000 euros to cover any pecuniary and non ‑ pecuniary damage as well as costs and expenses, which would be converted into Moldovan lei at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 (Article 37 § 1 in fine of the Convention).

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.

Marialena Tsirli Ineta Ziemele Deputy Registrar President