Zhorzholiani and Others v. Georgia

FOURTH SECTION

Application no. 1838/08 Teimuraz ZHORZHOLIANI and Others against Georgia (see list appended)

The European Court of Human Rights (Fourth Section), sitting on 28 June 2016 as a Committee composed of:

Paulo Pinto de Albuquerque, President, Iulia Motoc, Marko Bošnjak, judges,

and Andrea Tamietti, Deputy Section Registrar,

Having regard to the above application lodged on 20 November 2007,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 A list of the applicants is set out in the appendix. All applicants were represented before the Court by Mr G. Nikolaishvili, a lawyer practising in Tbilisi.

2 The Georgian Government (“the Government”) were represented by their Agent, Ms S. Mezurnishvili of the Ministry of Justice.

3 The case mainly concerned the applicants’ extended detention on remand.

4 On 5 January 2016 the case was communicated to the respondent Government under Article 5 §§ 1 and 3 of the Convention.

5 By a letter of 27 April 2016 the Government informed the Court that they proposed a friendly settlement with a view of resolving the issues raised in the application. In their proposal the Government acknowledged that the applicants’ extended detention on remand was not in conformity with the requirements of Article 5 §§ 1 and 3 of the Convention. The Government further undertook to pay each applicant 2,500 (two thousand and five hundred) euros (EUR) to cover any pecuniary and non-pecuniary damages as well as costs and expenses, which will be converted into the respondent State’s national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable to the applicants. This sum will be payable within three months from the date of notification of the decision taken by the Court. 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 will constitute the final resolution of the case.

6 By a letter of 13 May 2016, the applicants informed the Court that they were ready to accept the terms of the Government’s friendly settlement proposal, thus agreeing to drop all their claims against the respondent State.

THE LAW

7 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. 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 21 July 2016.

Andrea Tamietti Paulo Pinto de Albuquerque Deputy Registrar President

Appendix

N o

Name

Date of birth

Nationality

Place of residence

Teimuraz ZHORZHOLIANI

28/01/1950

Georgian

Tbilisi

Zaza DAVITAIA

10/10/1968

Georgian

Rustavi

Kakhaber KANTARIA

05/06/1971

Georgian

Tbilisi

Giorgi METREVELI

19/06/1968

Georgian

Rustavi

Guram PAPUKASHVILI

20/05/1966

Georgian

Rustavi

Ramaz SAMNIDZE

23/07/1969

Georgian

Rustavi