FIFTH SECTION
DECISION
Applications nos. 8827/05 and 30985/05
Yuriy Vasilyevich BYSTRIK against Ukraine
and Aleksandr Valeryevich YEFREMOV against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 19 March 2013 as a Committee composed of:
Boštjan M. Zupančič, President,
Ann Power-Forde,
Paul Lemmens, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above applications lodged on 23 February and 13 August 2005 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Yuriy Vasilyevich Bystrik and Mr Aleksandr Valeryevich Yefremov, are Ukrainian nationals, who were born in 1974 and 1973 respectively, and live in Kyiv. They are represented before the Court by Ms L. Plevako, a lawyer practising in Dnipropetrovsk.
The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kulchytskyy.
The applicants complained under Article 6 § 1 of the Convention about the length of the criminal proceedings against them. They also raised some other complaints.
On 22, 24 and 30 January 2013 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications against an undertaking by the Government to pay each of them 1,200 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into local currency 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 cases.
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 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.
Stephen PhillipsBoštjan M. Zupančič
Deputy RegistrarPresident
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