FIRST SECTION
DECISION
Application no. 53199/08
Tefik ALIEVSKI and others
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 17 September 2013 as a Committee composed of:
Elisabeth Steiner, President,
Mirjana Lazarova Trajkovska,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 31 October 2008 in respect of the first applicant and joined on 15 March 2009 by the other applicants,
Having regard to the formal declaration accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Tefik Alievski (“the first applicant”) and Mr Jovica Borovičanin, Mr Cvetko Ilievski, Mr Kostadin Joševski, Mr Slaviša Jovanovski, Mr Goran Kalevski, Mr Jone Kalundžievski and Mr Fais Osmanovski (“the other applicants”) are Macedonian nationals. All applicants live in Resen. They are represented before the Court by Mr A. Joševska, a lawyer practising in Bitola. The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The application was lodged on 31 October 2008 in respect of the first applicant. The other applicants joined the application with a submission of 15 March 2009.
The applicants complained about the length and outcome of the civil proceedings, which ended with a final decision dating 11 April 2008.
On 24 January 2013 the application was communicated to the Government in respect of the first applicant.
On 14 March 2013 and 15 March 2013 respectively the Court received friendly settlement declarations signed by the applicants’ representative and the respondent Government under which the first 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 a sum of 1,550 euros to cover any non‑pecuniary damage, as well as costs and expenses, which would be converted into the national currency at the rate applicable on the date of payment and would 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 in respect of the first applicant.
THE LAW
The Court takes note of the friendly settlement reached between the respondent Government and the first applicant. 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 regarding this applicant. In view of the above, it is appropriate to strike the case out of the list in respect of this applicant.
As regards the other applicants, the Court notes that they joined the application on 15 March 2009, which was more than six months after 11 April 2008, the date when the impugned proceedings finally ended. It follows that the application, in respect of the other applicants, must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases in respect of the first applicant in accordance with Article 39 of the Convention.
Declares the application inadmissible in respect of the other applicants.
André WampachElisabeth Steiner
Deputy RegistrarPresident
Full & Egal Universal Law Academy