A.M. v. GREECE

THIRD SECTION

Application no. 40408/21 A.M. against Greece

(see appended table)

The European Court of Human Rights (Third Section), sitting on 17 October 2024 as a Committee composed of:

Peeter Roosma , President , Andreas Zünd, Oddný Mjöll Arnardóttir , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 12 August 2021,

Having regard to the decision to grant the applicants anonymity under Rule 47 § 4 of the Rules of Court,

Having regard to the formal declarations 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 A. Mullis, a lawyer practising in Lesvos.

The applicant’s complaints under Article 3 of the Convention concerning his living conditions and medical treatment in Lesvos (in the Moria Reception and Identification Centre (RIC), in the pre-removal detention centre of Moria where he allegedly resided when the fire in Moria broke out, and in the Mavrovouni RIC) were communicated to the Greek Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Greece 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 November 2024.

Viktoriya Maradudina Peeter Roosma Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention

Application no. Date of introduction

Applicant

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

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

40408/21

12/08/2021

A.M.

1996

Mullis Annina

Lesvos

30/07/2024

11/06/2024

5,000

750

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

[2] Plus any tax that may be chargeable to the applicant.