FIFTH SECTION
DECISION
Application no. 4216/05
by Gabriel HOLÍK
against the Czech Republic
The European Court of Human Rights (Fifth Section), sitting on 22 May 2006 as a Chamber composed of:
MrP. Lorenzen, President,
MrsS. Botoucharova,
MrK. Jungwiert,
MrV. Butkevych,
MrsM. Tsatsa-Nikolovska,
MrR. Maruste,
MrsR. Jaeger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having regard to the above application lodged on 26 January 2005,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Gabriel Holík, is a Czech national who was born in 1953 and lives in Tanvald. He is represented before the Court by Mrs Koutná, a lawyer practising in Jablonec nad Nisou.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 17 April 1998 the applicant filed an action against Mr H. before the Janblinec Nad Nisou District Court (okresní soud), claming damages for health injuries sustained as a consequence of the latter’s criminal act of 6 April 1995.
It appears that the proceedings are still pending.
COMPLAINT
The applicant originally complained under Article 6 § 1 of the Convention that the length of the proceedings had been excessive.
THE LAW
The Court received the following declaration from the Government:
“I, Vít Schorm, Agent of the Government of the Czech Republic, declare that the Government of the Czech Republic offer to pay 5,000 euros to Gabriel Holík with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights. This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into Czech korunas at the rate applicable on the date of payment, free of any taxes that may be applicable. It will 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 undertake 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 Court received the following declaration signed by the applicant:
“I, Gabriel Holík, note that the Government of the Czech Republic are prepared to pay me the sum of 5,000 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights. This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into Czech korunas at the rate applicable on the date of payment, free of any taxes that may be applicable. It will 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against the Czech Republic in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
The Court takes note of the friendly settlement reached between the parties. It finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the further examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, the application to the case of Article 29 § 3 of the Convention should be discontinued and the case struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
Full & Egal Universal Law Academy