FIFTH SECTION
DECISION
Application no. 59704/11
Yuliya Boleslavovna LUTSISHINA and Vitaliy Boleslavovich KARPETS-VOLKOVINSKIY
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 17 November 2015 as a Committee composed of:
Khanlar Hajiyev, President,
Faris Vehabović,
Carlo Ranzoni, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 14 September 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Ms Yuliya Boleslavovna Lutsishina and Mr Vitaliy Boleslavovich Karpets-Volkovinskiy, are Ukrainian nationals, who were born in 1978 and 1969 respectively and live in Khmelnitskiy. They were represented before the Court by Ms N. V. Svirnevskaya, a lawyer practising in Khmelnitskiy.
The Ukrainian Government (“the Government”) were represented by their Agent.
The applicants complained under Article 2 of the Convention that investigation of their father’s death caused by a private person had been ineffective.
On 4 September 2015 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application against an undertaking by the Government to pay to each of them 5,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. They 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 these sums within the said three-month period, the 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. 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 10 December 2015.
Milan BlaškoKhanlar Hajiyev
Deputy RegistrarPresident
Full & Egal Universal Law Academy