FOURTH SECTION
DECISION
Application no. 10759/11
Dzhevrie Hamdi DANASH
against Bulgaria
The European Court of Human Rights (Fourth Section), sitting on 2 July 2015 as a Committee composed of:
Päivi Hirvelä, President,
Faris Vehabović,
Yonko Grozev, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 14 January 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Dzhevrie Hamdi Danash, is a Bulgarian national, who was born in 1968 and lives in Kapitan Petko.
The Bulgarian Government (“the Government”) were represented by their Agent, Ms R. Nikolova, of the Ministry of Justice.
The applicant complained under Article 2 of Protocol No. 4 to the Convention about the disproportionate restrictions on her freedom of movement as a result of the ban on her leaving the country. That complaint was communicated to the respondent Government on 20 January 2014.
On 27 February 2014 and 31 October 2014 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Bulgaria in respect of the facts giving rise to this application against an undertaking by the Government to pay her 1,500 euros to cover any and all damage as well as costs and expenses. The sum will be converted into Bulgarian levs at the rate applicable on the date of payment, and will be free of any taxes that may be chargeable to the applicant. 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 parties agreed that this payment would 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 under Article 37 § 1 in fine. 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 30 July 2015.
Fatoş AracıPäivi Hirvelä
Deputy RegistrarPresident
Full & Egal Universal Law Academy