FIRST SECTION

DECISION

Application no. 49968/22 Luca ALEKSIC against Italy

(see appended table)

The European Court of Human Rights (First Section), sitting on 15 June 2023 as a Committee composed of:

Alena Poláčková , President , Gilberto Felici, Raffaele Sabato , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 25 October 2022,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr N. Canestrini, a lawyer practising in Rovereto.

The applicant’s complaints under Articles 3 and 5 § 1 and Article 6 § 1 of the Convention, concerning the alleged unlawfulness of his prolonged detention, conditions of detention deemed inadequate for his mental health and the non-enforcement of the domestic decision ordering his placement in a specialised structure (“Residence for Execution of Security Measures” (“REMS”)), were communicated to the Italian Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Italy in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 the Protocols thereto 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.

Done in English and notified in writing on 6 July 2023.

Viktoriya Maradudina Alena Poláčková Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 3 and 5 § 1 and Article 6 § 1 of the Convention

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage

(in euros) [1]

Amount awarded for costs and expenses

(in euros) [2]

49968/22

25/10/2022

Luca ALEKSIC

1993Canestrini Nicola

Rovereto

25/04/2023

21/04/2023

26,000

3,000

[1] Plus any tax that may be chargeable to the applicant.

[2] Plus any tax that may be chargeable to the applicant.