FIRST SECTION
DECISION
Application no. 20988/05
Age NELČESKA against the former Yugoslav Republic of Macedonia
and 6 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 19 March 2013 as a Committee composed of:
Elisabeth Steiner, President,
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the applications lodged on the dates set out in the appendix,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases and the applicants’ reply to those declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants and their representatives is set out in the appendix attached to this decision.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicants complained under different Articles of the Convention with respect to different types of proceedings, as set out in the appendix.
The applications, in respect of the length of the proceedings, were communicated to the Government.
THE LAW
Having regard to the similarity of the main issue under the Convention, the Court decides to join the applications listed in the appendix and consider them in a single decision.
After failing to reach a friendly settlement, by letters of different dates set out in the appendix, the respondent Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issue in respect of the length of the proceedings. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The declarations provided as follows:
“... the Government would hereby like to express – by a way of unilateral declaration – its acknowledgement that in the special circumstances of the present case, [the length of the domestic proceedings] did not fulfil the requirements of the applicant[s] rights protected by Article 6 § 1 [and Article 13 regarding applications nos. 29830/08 and 57088/08] of the Convention. Consequently, the Government is prepared to pay the global sum of [as specified in the appendix for each separate application] euros to [the applicant name]. In its view, this amount would constitute adequate redress and sufficient compensation for the violation of Article 6 § 1 that the domestic proceedings lasted unreasonably long, thus a reasonable sum as to quantum in the present case in the light of the Court’s case law. This sum is to cover any pecuniary and non-pecuniary damage, as well as the costs and expenses, and will be free of any taxes that may be applicable. This sum will be payable to the personal account of the applicant[s] within three months from the date of the notification of the Court decision pursuant to Article 37 § 1 (c) of the Convention ... In the light of the above and in accordance with Article 37 § 1 (c) of the Convention, the Government would like to suggest that the circumstances of the present case allow the Court to reach the conclusion that for “any other reason” it is no longer justified to continue the examination of the application. Moreover, there are no reasons of a general character, as defined in Article 37 § 1 in fine, which would require the further examination of the case[s] by virtue of that provision. Therefore, the Government invites the Court to strike the application out of its list of cases. ”
By letters of different dates set out in the appendix, the applicants indicated that they were not satisfied with the terms of the unilateral declarations (except in the application no. 20988/05).
The Court recalls that Article 37 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified, under (a), (b) or (c) of paragraph 1 of that Article. Article 37 § 1 (c) enables the Court in particular to strike a case out of its list if:
“for any other reason established by the Court, it is no longer justified to continue the examination of the applications”.
It also recalls that in certain circumstances, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued.
To this end, the Court will examine carefully the declarations in the light of the principles emerging from its case-law, in particular the Tahsin Acar judgment (Tahsin Acar v. Turkey, [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI; WAZA Spółka z o.o. v. Poland (dec.) no. 11602/02, 26 June 2007; and Sulwińska v. Poland (dec.) no. 28953/03).
The Court has established in a number of cases, including those brought against the respondent State, its practice concerning complaints about the violation of Article 6 § 1 about one’s right to a hearing within a reasonable time (see Petkovski v. the former Yugoslav Republic of Macedonia, no. 27314/04, 13 November 2008; Ajvazi v. the former Yugoslav Republic of Macedonia, no. 30956/05, 13 November 2008, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII; Cocchiarella v. Italy [GC], no. 64886/01, §§ 69-98, ECHR 2006‑....; Majewski v. Poland, no. 52690/99, 11 October 2005; and Wende and Kukówka v. Poland, no. 56026/00, 10 May 2007).
Having regard to the nature of the admissions contained in the Government’s declarations, as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1(c)).
Moreover, in light of the above considerations, and in particular given the clear and extensive case-law on the topic, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine).
The Court considers that these amounts should be converted into the national currency of the respondent State at the rate applicable at the date of payment and paid within three months from the date of notification of the Court’s decision issued in accordance with Article 37 § 1 of the European Convention on Human Rights. In the event of failure to settle within this period, simple interest shall be payable on the amounts in question at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points.
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application could be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
The applicants also raised additional complaints with reference to various Articles of the Convention and its Protocols.
Having regard to all the evidence in its possession, and in so far as it has jurisdiction to examine the allegations, the Court has not found any appearance of a breach of the rights and freedoms guaranteed by the Convention or its Protocols.
It follows that this part of the applications is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court unanimously
Decides to join the applications;
Takes note of the terms of the respondent Government’s declarations concerning the applicants’ length complaints under Article 6 § 1 and Article 13 of the Convention (the last-mentioned Article regarding applications nos. 29830/08 and 57088/08) and of the modalities for ensuring compliance with the undertakings referred to therein;
Decides to strike the part of the applications regarding the length complaint out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Declares the remainder of the applications inadmissible.
André WampachElisabeth Steiner
Deputy RegistrarPresident
APPENDIX
No
Application No
Lodged on
Applicant name
Date of birth
Place of residence
Represented by
Subject matter (domestic proceedings no.)
Articles invoked
Date of the Government’s unilateral declaration
Date of the applicant(s) comments to the Government’s unilateral declaration or of claims for just satisfaction
Amount awarded (in euros)
20988/05
23/05/2005
Age NELČESKA
19/04/1954
Struga
Civil (inheritance) proceedings
П.бр. 287/03
Article 6 § 1
26/04/2012
08/08/2012
1,890
20599/08
16/04/2008
Mile NASTEVSKI
25/08/1958
Skopje
Civil proceedings for a share of a company
П.бр. 1896/00
Article 5§1
Article 6 §1
Article 7
Article 9
Article 1 of Protocol No. 1
19/06/2012
20/07/2012
1,120
29830/08
09/06/2008
Stojan PETRUŠEVSKI
06/02/1928
Skopje
Civil and enforcement proceedings concerning a plot of land П.бр. 3537/87
И.бр. 1765/92
П.бр. 2498/01
Article 6 §§ 1, 2 and 3
Article 13
29/05/2012 and corrigendum of 31/08/2012
21/08/2012
2,800
57088/08
19/11/2008
Aleksandar KRSTEV
08/02/1938
Skopje
Antonio KRSTEV
14/07/1960
Skopje
Emil KRSTEV
17/09/1962
Skopje
Desanka KRSTEVA
27/05/1937
Skopje
Restitution proceedings Дн.бр. 19-08-41/1 (502)
У.бр 667/07
Article 6 § 1
Article 13
Article 14
Article 1 of Protocol No. 1
Article 1 of Protocol No. 12
29/05/2012 and corrigendum of 31/08/2012
03/07/2012
1,190 (separately to Mr Aleksandar Krstev)
1,190 (jointly to Mr Antonio Krstev, Mr Emil Krstev and Ms Desanka Krsteva)
60140/08
05/12/2008
Vasil KOČKOV[1]
Štip
Biljana SIMONOVA[2]
21/01/1949
Štip
Restitution proceedings
Дн.бр. 1708-0202/1 (99) 2001
У.бр. 684/2007
Article 6 § 1
Article 1 of Protocol No. 1
29/05/2012
16/07/2012
1,330 (each applicant)
43713/09
01/08/2009
Olgica TRAJKOVSKA
Skopje
Nada ANGELOVSKA
Compensation proceedings for unlawful dismissal
П.бр. 2473/01
Article 3
Article 6 § 1
29/05/2012
22/07/2012
1,400
57948/09
24/10/2009
Zora SPIROVSKA
27/06/1936
Bitola
Dragan PETROVSKI
Civil proceedings for enjoyment of property
П.бр.1868/03
Article 6 § 1
26/04/2012
19/06/2012
1,610
[1] In a letter of 28/04/2012 the Court was informed that the first applicant, Mr Vasil Kočkov, died on 01/08/2010 and that Ms Dragica Kočkova from Štip, his widow, would pursue the application on his behalf. The award should be paid into the bank account of Ms Dragica Kočkova.
[2] In the Government’s unilateral declaration the sum was awarded to the applicants’ former representative, Ms Lidija Simonova. The Court awards the amount to the second applicant, Ms Biljana Simonova.
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