CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 12 novembre 2013

.s800EAC49 { font-size:12pt } .s2EF17D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:2pt } .sBB9EE52A { font-family:Arial } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sB9D5CABB { width:28.35pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sF7A86111 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; font-size:10pt } .sB8987CE9 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt } .s5F897A7E { margin-top:12pt; margin-left:14.2pt; margin-bottom:0pt } .sA5C4F8A9 { margin-top:36pt; margin-bottom:0pt; text-align:left; page-break-inside:avoid; page-break-after:avoid } .s260B30F2 { width:16.02pt; display:inline-block } .sBF1D92B9 { width:173.61pt; display:inline-block } .s64406319 { width:11.68pt; display:inline-block } .s7B0354FA { width:193.28pt; display:inline-block } .s32563E28 { margin-top:0pt; margin-bottom:0pt }   THIRD SECTION DECISION Application no. 56825/08 Jemal SIRADZE against Georgia The European Court of Human Rights (Third Section), sitting on 12   November 2013 as a Committee composed of:   Luis López Guerra, President,   Nona Tsotsoria,   Valeriu Griţco, judges, and Marialena Tsirli, Deputy Section Registrar, Having regard to the above application lodged on 13 November 2008, Having regard to the declaration submitted by the respondent Government on 31 July 2013 and the applicant’s acceptance of its terms, Having deliberated, decides as follows: FACTS AND PROCEDURE 1.     The applicant, Mr Jemal Siradze, is a Georgian national, who was born in 1991 and lives in Tbilisi. He was represented before the Court by Mr L. Chincharauli and Ms M. Kobakhidze, lawyers practising in Tbilisi. 2.     The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze of the Ministry of Justice. 3.     On 18 March 2013 the Court gave notice to the Government of the applicant’s complaints under Articles 3 and 13 of the Convention, concerning the alleged ineffectiveness of the investigation of the circumstances of his wounding and the complaints under Article 6 §§ 1 and 3 (d) of the Convention concerning the alleged unfairness of the criminal proceedings conducted against him. 4.     By a letter of 31 July 2013 the Government informed the Court that the applicant had been granted early release from prison. They also proposed to settle the case by submitting the following declaration to the Court: “Acknowledging the existence of certain deficiencies on account of criminal proceedings against Mr Jemal Siradze and in the course of investigation procedure regarding his wounding; Bearing in mind the Applicant’s right envisaged under Article 310 (e) of the Criminal Procedure Code of Georgia, entitling him to address the domestic courts with a request to reopen the criminal case on the basis of a decision/judgment rendered by the European Court; The Government offers to pay ex gratia to Jemal Siradze, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, 4,000 (four thousand) euros to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.” 5.     By a letter of 16 August 2013 the applicant informed the Court that he accepted the terms of the Government’s proposal. THE LAW 6.     The Court takes note of the friendly settlement reached between the parties. It is satisfied that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine. For these reasons, the Court unanimously Decides to strike the application out of its list of cases.   Marialena Tsirli   Luis López Guerra   Deputy Registrar   President