FOURTH SECTION
DECISION
Application no. 7743/10
Grozdan Traychev ILIEV
against Bulgaria and Russia
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 30 June 2022 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 5 January 2010,
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 Mr K. Perpeliev, a lawyer practising in Sofia, Bulgaria.
The Bulgarian Government were given notice of the applicant’s complaint against Bulgaria under Article 2 of Protocol No. 4 concerning a temporary ban on leaving the country.
The Court received friendly-settlement declarations, signed by the applicant and the Bulgarian Government, under which the applicant agreed to waive any further claims against Bulgaria in respect of the facts giving rise to this application subject to an undertaking by the Bulgarian Government to pay him the amounts detailed in the appended table. These amounts would be converted into Bulgarian levs at the rate applicable on the date of payment and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within that three-month period, the Bulgarian Government undertook to pay simple interest on them, 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. Such payment would constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement between the applicant and the Bulgarian Government. It is satisfied that this 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 this part of the application.
It is hence appropriate to strike the case out of the Court’s list as regards the complaint against Bulgaria concerning the temporary ban on the applicant’s leaving the country.
The applicant also raised a complaint under Article 3 of the Convention against Russia concerning allegedly inadequate medical treatment while in custody.
The Court examined this part of the application and, in the light of all the material in its possession and in so far as the matter complained of is within its competence, finds that it does not meet the admissibility criteria set out in Articles 35 § 1 of the Convention.
It follows that this part of the application must be rejected under Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 § 3 of the Convention as regards the complaint against Bulgaria concerning the temporary ban on the applicant’s leaving the country;
Declares the remainder of the application inadmissible.
Done in English and notified in writing on 21 July 2022.
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 2 of Protocol No. 4 and Article 3 of the Convention
(freedom to leave the country and allegedly inadequate medical care while in custody)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Bulgarian Government’s declaration
Date of receipt of applicant’s declaration
Amount offered in respect of pecuniary and non-pecuniary damage (in euros)[1]
Amount offered in respect of costs and expenses (in euros)[2]
7743/10
05/01/2010
Grozdan Traychev ILIEV
1975
Konstantin Perpeliev
Sofia
16/10/2020
31/07/2020
2,000
150
[1]. Plus any tax that may be chargeable to the applicant
[2]. Plus any tax that may be chargeable to the applicant