FIFTH SECTION
DECISION
This version was rectified on 30 August 2016
under Rule 81 of the Rules of Court.
Application no. 35494/15
Senad DRINO and others
against Bosnia and Herzegovina
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 7 June 2016 as a Committee composed of:
Khanlar Hajiyev, President,
Faris Vehabović,
Carlo Ranzoni, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 17 October 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Senad Drino, Ms Senija Poropat, Mr Dževad Drino and Ms Azra Čaušević, are citizens of Bosnia and Herzegovina who were born in 1946, 1949, 1957 and 1953 respectively and live in different towns in Slovenia and Bosnia and Herzegovina. They were all represented by Ms Senija Poropat, a lawyer practising in Vogošća.
The Government of Bosnia and Herzegovina (“the Government”) were represented by their Agent, Ms M. Mijić.
The applicants complained under Article 6 § 1 of the Convention about the length of civil proceedings.
On 16 November 2015 and 15 March 2016 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to this application against an undertaking by the Government to pay them jointly EUR 2,100 (two thousand and one hundred euros) to cover any and all non-pecuniary damage and EUR 500 (five hundred euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicants. These sums will be converted into the local currency at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, from 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 Government further declared that they will ensure that all necessary steps are taken to allow the pending domestic proceedings under consideration in this case to be concluded as speedily as possible, taking into account the requirements of the proper administration of justice.[1]
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 30 June 2016.
Milan BlaškoKhanlar Hajiyev
Deputy RegistrarPresident
Appendix
No.
Firstname LASTNAME
Birth date
Birth year
Nationality
Place of residence
Representative
Senad DRINO
10/01/1946
1946
of Bosnia and Herzegovina
Ljubljana
S. POROPAT
Azra ČAUŠEVIĆ
05/01/1949
1949
of Bosnia and Herzegovina
Zenica
S. POROPAT
Dževad DRINO
19/02/1957
1957
of Bosnia and Herzegovina
Zenica
S. POROPAT
Senija POROPAT
of Bosnia and Herzegovina
Vogošća
S. POROPAT
[1] Rectified on 30 August 2016: the following text has been added “The Government further declared that they will ensure that all necessary steps are taken to allow the pending domestic proceedings under consideration in this case to be concluded as speedily as possible taking into account the requirements of the proper administration of justice.”
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