FIRST SECTION
DECISION
Application no. 44027/16
Muamet ABEDINOV
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 25 September 2018 as a Committee composed of:
Aleš Pejchal, President,
Armen Harutyunyan,
Jovan Ilievski, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 18 July 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Muamet Abedinov, is a Macedonian national, who was born in 1986 and lives in Kochani. He was represented before the Court by Mr Z Hadji-Zafirov, a lawyer practising in Skopje.
The Macedonian Government (“the Government”) were represented by their Agent, Ms D. Djonova.
Third-party comments were received from the Minority Rights Group International and from the European Roma Rights Centre, which had been given leave by the President of the Section to intervene in the written procedure (Article 36 § 2 of the Convention).
The applicant complained that the refusal of border police officers to allow him to leave the respondent State violated his right to freedom of movement under Article 2 of Protocol No. 4 and amounted to discrimination based on his Roma origin, in contravention of Article 14 (taken in conjunction with Article 1 of Protocol No. 4) and Article 1 of Protocol No. 12 to the Convention.
On 17 January and 7 February 2018 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,500 euros to cover any and all non-pecuniary damage as well as costs and expenses, which will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 its Protocols 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 18 October 2018.
Renata DegenerAleš Pejchal
Deputy RegistrarPresident
Full & Egal Universal Law Academy