FIRST SECTION
DECISION
Application no. 11210/15
Kastriot ČELJA
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 17 October 2017 as a Committee composed of:
Aleš Pejchal, President,
Krzysztof Wojtyczek,
Armen Harutyunyan, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 26 February 2015,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Kastriot Čelja, is a Macedonian national who was born in 1979 and lives in Debar. He was represented before the Court by Mr D. Godžo and Mr A. Godžo, lawyers practising in Ohrid.
The Macedonian Government (“the Government”) were initially represented by their former Agent, Mr K. Bogdanov, and subsequently by their present Agent Ms D. Djonova.
The applicant complained under Article 5 §§ 3 and 4 of the Convention that the domestic courts’ orders extending his pre-trial detention did not contain relevant and sufficient reasons, that no oral hearing was held in the proceedings for review of the extension of his detention and that the public prosecutor’s written observations submitted in reply to the applicant’s appeals were not communicated to him.
On 12 June 2017 the Court received friendly settlement declarations signed by the parties under which the 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 4,350 euros to cover any pecuniary and non‑pecuniary damage as well as costs and expenses, which will be converted into the national currency at the rate applicable on the date of payment. It will be payable within three months from the date of notification of the decision taken by the Court. 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 16 November 2017.
Renata DegenerAleš Pejchal
Deputy RegistrarPresident
Full & Egal Universal Law Academy