Ab v. the United Kingdom

FOURTH SECTION

Application no. 474/22 AB against the United Kingdom

The European Court of Human Rights (Fourth Section), sitting on 23 November 2023 as a Committee composed of:

Faris Vehabović , President , Anja Seibert-Fohr, Anne Louise Bormann , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 22 December 2021,

Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Ms C. Salama of the Howard League for Penal Reform in London.

The applicant’s complaint under Article 3 of the Convention concerning conditions of his detention in a young offender institution, and notably his placement on a “single unlock” regime, were communicated to the United Kingdom Government (“the Government”).

The Court received the friendly-settlement declaration, signed by the parties, under which the Government acknowledged that, in the particular circumstances of this case, there had been a breach of Article 3; and the applicant agreed to waive any further claims against the United Kingdom in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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.

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 the Protocols thereto 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 14 December 2023.

Viktoriya Maradudina Faris Vehabović Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention

(Conditions of detention)

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of

Applicant’s declaration

Amount awarded for non-pecuniary damage

(in pounds sterling) [1]

Amount awarded for costs and expenses per application

(in pounds sterling) [2]

474/22

22/12/2021

AB

2001

Claire Salama,

Howard League for Penal Reform,

London

05/10/2023

05/10/2023

31,500

32,000

[1] Including any tax that may be chargeable to the applicant.

[2] Plus VAT at the applicable rate but including any other tax that may be chargeable to the applicant.