FIFTH SECTION
DECISION
Application no. 19137/18
Vites ASANOVSKI and Others against North Macedonia
and 2 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 17 June 2021 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Jovan Ilievski,
Mattias Guyomar, judges,
and Viktoriya Maradudina, 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 and their representatives is set out in the appended table.
The applicants’ complaints under Article 2 of Protocol No. 4 (freedom of movement), Article 14 taken in conjunction with Article 2 of Protocol No. 4 and Article 1 of Protocol No. 12 to the Convention, concerning border incidents in which the applicants (all Macedonians / citizens of the Republic of North Macedonia of Roma origin) were not allowed to leave the respondent State, were communicated to the Government of North Macedonia (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against North Macedonia 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.
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 8 July 2021.
Viktoriya MaradudinaStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 2 of Protocol No. 4, Article 14 taken
in conjunction with Article 2 of Protocol No. 4 and Article 1 of Protocol No. 12 to the Convention
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage and costs and expenses
per applicant/household
(in euros)[1]
19137/18
18/04/2018
(3 applicants)
Household
Vites ASANOVSKI
1982
Djeljana ASANOVSKA
1980
Stojan ASANOVSKI
1956
European Roma Rights Centre
Brussels
Bojan Gjurovski
Skopje
12/04/2021
01/03/2021
2,500
20189/18
18/04/2018
Bedati SULIMANOV
1982
European Roma Rights Centre
Brussels
12/04/2021
01/03/2021
2,500
30425/18
22/06/2018
Fazli DEMIROVSKI
1965
Zharko Hadji-Zafirov
Skopje
12/04/2021
22/03/2021
2,500
[1] Plus any tax that may be chargeable to the applicants.
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