FOURTH SECTION
DECISION
Application no. 21761/08
Iliya Nikolov DASKALOV
against Bulgaria
The European Court of Human Rights (Fourth Section), sitting on 17 December 2013 as a Committee composed of:
George Nicolaou, President,
Zdravka Kalaydjieva,
Faris Vehabović, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 11 April 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Iliya Nikolov Daskalov, is a Bulgarian national, who was born in 1943 and lives in Velingrad.
The Bulgarian Government (“the Government”) were represented by their Agent, Ms M. Kotseva, of the Ministry of Justice.
The applicant complained in particular under Article 4 of Protocol No. 7 to the Convention that he had been tried and punished twice for the same offence, as well as under Article 6 (3) (b) that he had not been given an adequate opportunity to defend himself. Those complaints were communicated to the respondent Government on 24 May 2013.
On 18 June 2013 and 7 November 2013 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 him 3,000 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 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.
Fatoş AracıGeorge Nicolaou
Deputy RegistrarPresident
Full & Egal Universal Law Academy