FIFTH SECTION
DECISION
Application no. 7635/07
Grygoriy Fedorovych BURYAK
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 18 December 2012 as a Committee composed of:
Boštjan M. Zupančič, President,
Ann Power-Forde,
Helena Jäderblom, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 4 December 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Grygoriy Fedorovych Buryak, is a Ukrainian national, who was born in 1946 and lives in Nova Basan.
The Ukrainian Government (“the Government”) were represented by their Agents, Ms Valeria Lutkovska and Mr Nazar Kulchytskyy, of the Ministry of Justice.
The applicant complained under Articles 2 and 13 of the Convention about ineffectiveness of investigation into the death of his son.
On 13 February 2012 and 29 March 2012 the Court received the Government’s declaration and the applicant’s letter accepting its terms under which the applicant agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application against an undertaking by the Government to pay him 100,000 (one hundred thousand) Ukrainian hryvnias to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which 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.
Stephen PhillipsBoštjan M. Zupančič
Deputy RegistrarPresident
Full & Egal Universal Law Academy