Bayraktar and Ayri v. the Republic of Moldova

SECOND SECTION

Applications nos. 13289/19 and 13292/19 Huseyin BAYRAKTAR against the Republic of Moldova and Sertif AYRI against the Republic of Moldova

The European Court of Human Rights (Second Section), sitting on 25 June 2020 as a Committee composed of:

Ivana Jelić, President, Arnfinn Bårdsen, Darian Pavli, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by N. Frumosu, a lawyer practising in Chisinău.

The applicants’ complaints under Article 5 § 1 of the Convention concerning unlawful detention and under Article 8 of the Convention concerning breach of their right to respect for their private and family life were communicated to the Moldovan Government (“the Government”).

The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against the Republic of Moldova in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and 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 cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 applications (see similar case, Ozdil and Others v. the Republic of Moldova , no. 42305/18, 11 June 2019).

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 16 July 2020.

Liv Tigerstedt Ivana Jelić Acting Deputy Registrar President

APPENDIX

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

1.

13289/19

06/03/2019

Huseyin BAYRAKTAR

1988

27/05/2020

28/02/2020

25,000

2.

13292/19

05/03/2019

Sertif AYRI

1979

27/05/2020

28/02/2020

25,000

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