SECOND SECTION
DECISION
Application no. 46504/18
M.D.
against North Macedonia
(see appended table)
The European Court of Human Rights (Second Section), sitting on 10 March 2022 as a Committee composed of:
Gilberto Felici, President,
Jovan Ilievski,
Diana Sârcu, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 25 September 2018,
Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,
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. She was represented by Mr D. Bogdanov, a lawyer practising in Skopje.
The applicant’s complaint under Article 1 of Protocol No. 7 to the Convention concerning her expulsion to Kosovo[1] was communicated to the Government of North Macedonia (“the Government”). The applicant also complained under Article 3 of the Convention, taken in conjunction with Article 13, that she feared abuse and mistreatment if expelled to Kosovo.
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 her 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 application out of the list of cases.
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 31 March 2022.
Viktoriya Maradudina Gilberto Felici
Acting Deputy Registrar President
APPENDIX
Application no.
Date of introduction
Applicant’s name
Year of birth
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]
46504/18
25/09/2018
M. D.
1986
08/12/2021
08/12/2021
3,400
[1] All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.
[1] Plus any tax that may be chargeable to the applicant.