FOURTH SECTION
DECISION
Application no. 57486/09
Olga BAČILOVA
against Latvia
The European Court of Human Rights (Fourth Section), sitting on 1 September 2015 as a Committee composed of:
Nona Tsotsoria, President,
Paul Mahoney,
Faris Vehabović, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 12 October 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Olga Bačilova, is a Latvian national, who was born in 1949 and lives in Riga. She was represented before the Court by Mr E. Draba, a lawyer practising in Riga.
The Latvian Government (“the Government”) were represented by their Agent, Ms K. Līce.
The applicant complained under Article 6 of the Convention about the length of examination of her civil claim, brought within criminal proceedings against a third person.
On 10 September 2014 and 9 October 2014 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Latvia in respect of the facts giving rise to this application against an undertaking by the Government to pay her 2,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses. This sum will be free of any taxes that may be applicable and 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 24 September 2015.
Fatoş AracıNona Tsotsoria
Deputy RegistrarPresident
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