European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1881.html
Cite as: [2011] ECHR 1881
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THIRD SECTION
DECISION
Application no.
2225/08
by Tamaz TCHANTURIA
against
Georgia
The European Court of Human Rights (Third Section), sitting on 18 October 2011 as a Committee composed of:
Alvina
Gyulumyan,
President,
Luis
López Guerra,
Nona
Tsotsoria,
judges,
and
Marialena Tsirli,
Deputy Section
Registrar,
Having regard to the above application lodged on 16 November 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Tamaz Tchanturia, is a Georgian national who was born in 1951 and is currently serving a prison sentence. He was represented before the Court by Ms Lili Mskhiladze, a lawyer practising in Tbilisi. The Georgian Government (“the Government”) were represented by their Agent, Mr Levan Meskhoradze of the Ministry of Justice.
On 25 May 2011 the Court gave notice to the Government of the applicant’s complaints under Articles 3 and 6 §§ 1 and 3 (c) of the Convention concerning his alleged ill-treatment by police officers and the unfairness of the criminal proceedings conducted against him.
By letters of 31 August and 9 September 2011, the parties informed the Court that they wished to reach a friendly settlement in the case. Notably, the applicant declared that he was ready to desist from the proceedings before the Court in exchange for an undertaking by the Government to secure his early release from prison. The Government accepted that proposal, making a formal pledge to release the applicant as soon as a decision under Article 37 § 1 of the Convention was taken by the Court.
THE LAW
The Court takes note of the friendly settlement reached between the parties, and in particular of the Government’s undertaking to secure the applicant’s early release from prison. 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 Alvina Gyulumyan
Deputy
Registrar President