SECOND SECTION
DECISION
Application no. 29911/15
Pero JOSIFOVSKI
against North Macedonia
(see appended table)
The European Court of Human Rights (Second Section), sitting on 10 November 2022 as a Committee composed of:
Diana Sârcu, President,
Jovan Ilievski,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 12 June 2015,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Ms S. Petrusheva, a lawyer practising in Skopje.
The applicant’s complaints under Article 5 §§ 3 and 4 of the Convention concerning the alleged lack of relevant and sufficient reasons for his detention, lack of an oral hearing and excessive length of the detention review proceedings were communicated to the Government of North Macedonia (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against North Macedonia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned 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 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 the Protocols thereto 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 1 December 2022.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 5 §§ 3 and 4 of the Convention
(lack of reasons for the detention, lack of an oral hearing and speediness of the detention review proceedings)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
29911/15
12/06/2015
Pero JOSIFOVSKI
1966
Sonja Petrusheva
Skopje
18/09/2017
18/09/2017 and 30/09/2022
3,500
[1] Plus any tax that may be chargeable to the applicant.