FIRST SECTION
DECISION
Application no. 46025/10
Kiro DOCEVSKI against the former Yugoslav Republic of Macedonia
and 6 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 26 August 2014 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Mirjana Lazarova Trajkovska,
Ksenija Turković, judges,
and Søren C. Prebensen, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the dates set in the appendix,
Having regard to the declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
All the applicants are Macedonian nationals, except for Borsa LTD (application no. 62112/13), which is a company incorporated in the respondent State. The applicants’ personal details, together with the names of their representatives, are set out in the appendix.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicants complained under different Articles of the Convention regarding different proceedings, as set out in the appendix. The applications were communicated to the Government in respect of the length of proceedings.
On the dates set out in the appendix, the parties signed friendly settlement declarations, under which the applicants agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the sums set out in the appendix, to cover any non-pecuniary damage as well as costs and expenses, which would be converted into the national currency at the rate applicable on the date of payment and would be free of any taxes that may be applicable. These sums 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 these sums 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 payments 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.
Søren C. PrebensenPaulo Pinto de Albuquerque
Acting Deputy RegistrarPresident
APPENDIX
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
Subject matter
of the proceedings
Friendly settlement declaration signed by the Government on
Friendly settlement declaration signed by the applicant(s) on
Friendly settlement sum (in euros)
46025/10
15/07/2010
Kiro DOCEVSKI 03/11/1955
Kumanovo
Trajče KITANOVSKI
Criminal proceedings for abuse of office and forgery
К. Бр. 809/05
29 April 2014
7 May 2014
1,700
21776/11
30/03/2011
Živko ILIEVSKI
05/05/1953
Skopje
Todorče PETROVSKI
Civil proceedings for annulment of a dismissal decision
РО. Бр. 376/07
3 October 2013
16 May 2014
1,700
34503/11
27/05/2011
Radovan STANOJKOVIK 16/10/1969
Kumanovo
Ratka STANOJKOVIK
15/02/1943
Kumanovo
Marina STANOJKOVIK
02/01/1976
Kumanovo
Compensation proceedings
I I. П. Бр. 2190/03
29 April 2014
17 April 2014
1,700
jointly
41968/12
30/06/2012
Simeon MILEV
30/09/1942
Štip
Panče DOKUZOV
Enforcement proceedings
И.бр. 2548/99
29 April 2014
6 April 2014
2,900
73084/12
05/11/2012
Slavčo DESPODOV
10/10/1951
Delčevo
Criminal proceedings for defamation against a third person
К. Бр. 304/10
29 April 2014
7 April 2014
1,600
45721/13
10/07/2013
Stojanče STRMBOV
16/03/1957
Štip
Marinčo MAROLOV
Enforcement proceedings concerning costs of previous civil proceedings
П бр. 1581/95
И бр. 1210/99
29 April 2014
25 April 2014
4,400
62112/13
26/09/2013
BORSA LTD
Topolovnik
Administrative proceedings for return of interest on wrongfully paid taxes
У бр. 112/2010
29 April 2014
7 April 2014
5,200
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