FIFTH SECTION
DECISION
Application no. 38066/06
by Aleksandar Lyubenov GEORGIEV
against Bulgaria
The European Court of Human Rights (Fifth Section), sitting on 5 October 2010 as a Committee composed of:
Rait Maruste, President,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
and Stephen Phillips, Deputy Registrar,
Having regard to the above application lodged on 29 August 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Aleksandar Lyubenov Georgiev, a Bulgarian national who was born in 1972 and lives in Sofia. He was represented before the Court by Ms V. Veselinova, a lawyer practising in Sofia. The Bulgarian Government (“the Government”) were represented by their Agent, Mrs M. Dimova, of the Ministry of Justice.
The applicant complained under Article 6 § 1 of the Convention about the length of the criminal proceedings against him and under Article 13 about the lack of domestic remedies related thereto.
On 9 December 2009 the Court communicated the application to the Government.
On 5 February 2010 and 18 June 2010 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Bulgaria in respect of the facts giving rise to this application against an undertaking by the Government to pay him 3,500 euros to cover any non-pecuniary damage as well as costs and expenses, which would 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 would be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 the 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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
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.
Stephen PhillipsRait Maruste
Deputy RegistrarPresident
Full & Egal Universal Law Academy