THIRD SECTION
DECISION
Application no. 42147/16
Aleksandar KAIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 25 September 2018 as a Committee composed of:
Pere Pastor Vilanova, President,
Branko Lubarda,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 13 July 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE The applicant, Mr Aleksandar Kaić, is a national of both Serbia and Hungary, who was born in 1956 and lives in Sombor. The Government of Serbia (“the Government”) were represented by their Agent, Ms N. Plavšić. On 11 July 2017 the application was communicated to the Government. The Hungarian Government were also notified of the application but did not exercise their right under Article 36 § 1 of the Convention and Rule 44 of the Rules of Court to intervene in the proceedings. The applicant complained under Articles 6 and 13 of the Convention about the excessive length of criminal proceedings against him. On 15 September 2017 and 4 October 2017 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Serbia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 1,100 euros to cover any and all non-pecuniary damage, less any amount which may have already been paid in that regard at the domestic level, as well as 100 euros to cover any and all costs and expenses, which will be converted into the national 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. 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 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 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 18 October 2018.
Fatoş AracıPere Pastor Vilanova
Deputy RegistrarPresident
Full & Egal Universal Law Academy