by Boris HMELEVSCHI
The European Court of Human Rights (Fourth Section), sitting on 24 November 2009 as a Chamber composed of:
David Thór Björgvinsson,
Mihai Poalelungi, judges,
and Lawrence Early, Section Registrar,
Having regard to the above application lodged on 1 December 2005,
Having regard to the decision to join the application to application no. 844/06,
Having regard to the friendly settlement agreement reached by the parties,
Having deliberated, decides as follows:
The applicant, Mr Boris Hmelevschi, is a Moldovan national who was born in 1936 and lives in Chişinău. The Moldovan Government (“the Government”) were represented by their Agent, Mr V. Grosu.
On 13 May 2005 the applicant was charged with being an active participant in an unauthorised demonstration. On the same date the Buiucani District Court found the applicant guilty as charged and imposed on him an administrative fine of 180 Moldovan lei (11 euros (EUR) at the time). By a final judgment of 1 June 2005 the Chişinău Court of Appeal examined the appeal in his absence and dismissed it.
On 12 January 2009 the Court decided to communicate the applicant’s complaints under Article 6 § 1 in respect of the domestic courts’ failure to summon him to the hearing before the Buiucani District Court and under Article 11 § 1 in respect of the applicant’s right to freedom of assembly.
On 17 September 2009 the Court received from the Government a friendly settlement agreement, signed by the parties, by which the applicant agreed to waive any further claims against Moldova in respect of the facts giving rise to this application against an undertaking by the Government to pay him EUR 300 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 free of any taxes that may be applicable. This sum would 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 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 would constitute the final resolution of the case.
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
Disjoins the application from application no. 844/06;
Decides to strike the application out of its list of cases.
Lawrence Early Nicolas Bratza