FIFTH SECTION
DECISION
Application no. 59298/16
Ibrahim IMŠIROVIĆ
against Bosnia and Herzegovina
The European Court of Human Rights (Fifth Section), sitting on 14 March 2017 as a Committee composed of:
Carlo Ranzoni, President,
Faris Vehabović,
Lәtif Hüseynov, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 3 October 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 Ibrahim Imširović, is a national of Bosnia and Herzegovina, who was born in 1933 and lives in Banovići. He was represented before the Court by Mr H. Salkanović, a lawyer practising in Živinice.
The Government of Bosnia and Herzegovina (“the Government”) were represented by Ms S. Malešić, Deputy Agent.
The applicant complained under Article 6 of the Convention about the length of civil proceedings concerning a property matter.
On 4 January 2017 and 10 February 2017 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,100 euros to cover any and all non-pecuniary damage and 500 euros to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant, 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 Government will ensure that all necessary steps are taken to allow the domestic proceedings under consideration in this case to be concluded as speedily as possible, taking into account the requirements of the proper administration of justice.
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 6 April 2017.
Anne-Marie DouginCarlo Ranzoni
Acting Deputy RegistrarPresident
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