THIRD SECTION
DECISION
Application no. 36527/21
A.A. and Others
against Greece
(see appended table)
The European Court of Human Rights (Third Section), sitting on 5 December 2024 as a Committee composed of:
Oddný Mjöll Arnardóttir, President,
Úna Ní Raifeartaigh,
Mateja Đurović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 16 July 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 list of applicants is set out in the appended table.
The applicants were represented by Ms D. Linardaki, a lawyer practising in Lesvos.
The applicants’ complaints under Article 3 of the Convention concerning the living conditions and the alleged lack of medical treatment of the applicants (a family composed of father and two minor children) in Lesvos (in the Moria Reception and Identification Centre (RIC), on the streets after the fire in Moria broke out and in the Mavrovouni RIC), were communicated to the Greek Government (“the Government”). Complaints under Articles 13 and 34 of the Convention based on the same facts were also communicated.
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants 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 them 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 16 January 2025.
Viktoriya Maradudina Oddný Mjöll Arnardóttir
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Articles 3, 13 and 34 of the Convention
Applicant’s name Year of birth | Representative’s name and location | Date of receipt of Government’s declaration | Date of receipt of Applicants’ declaration | Amount awarded for non-pecuniary damage jointly to all three applicants (in euros)[1] | Amount awarded for costs and expenses jointly to all three applicants (in euros)[2] | |
36527/21 16/07/2021
| A.A. 1985
M.A. 2016
M.N.A. 2010
| Linardaki Dimitra Lesvos
| 23/10/2024 | 04/11/2024 | 7,000 | 1,000 |
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.