European Court of Human Rights
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Cite as: [2011] ECHR 2011
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FIFTH SECTION
DECISION
Application no.
31251/07
by E.H.
against the Czech
Republic
The European Court of Human Rights (Fifth Section), sitting on 29 November 2011 as a Committee composed of:
Mark
Villiger, President,
Karel
Jungwiert,
André
Potocki, judges,
and
Stephen Phillips,
Deputy Section
Registrar,
Having regard to the above application lodged on 12 July 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant is a Czech national who was born in 1954 and lives in Prague. She was represented before the Court by Ms B. Bukovská Ms L. Rybová, Mr D. Zahumenský, Mr J. Fiala, Ms J. Marečková and Mr M. Matiaško, lawyers from the Mental Disability Advocacy Centre in Brno. The Czech Government (“the Government”) were represented by their Agent, Mr V.A. Schorm from the Ministry of Justice.
The applicant complained under Article 5 § 1 about her admission to a psychiatric hospital, and subsequent involuntary placement for a period of one and a half month, as well as under Article 5 § 4 of the Convention that she had not had access to a proper judicial review of her detention.
On 16 June 2010 the President of the Fifth Section gave notice of the application to the respondent Government.
On 19 and 25 September 2011 the Court received the friendly settlement declarations signed by the parties in which the applicant accepts the proposal by the Government to pay her 15,000 eur plus any tax that may be chargeable to the applicant and, at the same time, she expressly waives any further claims against the Czech Republic in respect of the facts giving rise to this application. She also declared that this constitutes a final resolution of the case. This sum will be converted into Czech korunas at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision of 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 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.
Stephen Phillips Mark Villiger
Deputy
Registrar President