European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/1759.html
Cite as: [2010] ECHR 1759
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FOURTH SECTION
DECISION
Application no.
40699/08
by Gheorghe STRAISTEANU
against Moldova
The European Court of Human Rights (Fourth Section), sitting on 12 October 2010 as a Chamber composed of:
Nicolas
Bratza,
President,
Lech
Garlicki,
Ljiljana
Mijović,
Ján
Šikuta,
Mihai
Poalelungi,
Nebojša
Vučinić,
Vincent
Anthony de Gaetano,
judges
and
Lawrence Early, Section
Registrar,
Having regard to the above application lodged on 8 July 2008 ,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Gheorghe Straisteanu, is a Moldovan national who was born in 1954 and lives in Chişinău. He was represented before the Court by Ms D. Straisteanu, a lawyer practising in Chişinău. The Moldovan Government (“the Government”) were represented by their Agent, Mr V. Grosu.
The facts of the case, as submitted by the parties, may be summarised as follows.
Between 20 June and 17 November 2005 and between 26 September and 24 November 2006 the applicant was detained in the detention facilities of the Straseni Police Station and of the Central Police Station in Chişinău.
According to him, the conditions of detention amounted to inhuman and degrading treatment. In particular, the cells were dirty and infested with vermin. The other inmates in his cell were smoking in the cell. The electric light was switched off for four hours each day and the food was inappropriate. He also alleged that he was not provided with appropriate medical care.
On an unspecified date the applicant initiated proceedings against the State to claim compensation for treatment contrary to Article 3 of the Convention. However, his action was dismissed as ill-founded by a final judgment of the Supreme Court of Justice of 20 June 2008. The domestic courts dismissed the applicant's motion to conduct a fact-finding mission and accepted the position of the defendant.
COMPLAINT
The applicant complained under Article 3 of the Convention about the inhuman and degrading conditions of his detention.
THE LAW
On 15 September 2010 the Court received the following declaration from the Government:
“I, Vladimir Grosu, Agent for the Government of Republic of Moldova, declare that the Government of Moldova accepts that there has been a breach of Article 3 of the Convention and offer to pay the sum of 3,000 (three thousand) euros to Mr Gheorghe STRAISTEANU with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into Moldovan lei at the rate applicable on the date of payment, and 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 undertake 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.”
On 2 August 2010 the Court received the following declaration signed by the applicant:
“I, Gheorghe STRAISTEANU, note that the Government of Moldova accept that there has been a breach of Article 3 of the Convention in the present case and are prepared to pay me 3,000 (three thousand) euros with a view to securing a friendly settlement of the case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. The sum in euros will be converted into Moldovan lei at the rate applicable on the date of payment. 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Moldova in respect of the facts giving rise to this application. I declare that this constitutes a 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
Decides to strike the application out of its list of cases.
Lawrence Early Nicolas Bratza
Registrar President
