FIFTH SECTION
DECISION
Application no. 29883/03
Anastasiya Andreyevna NIKIFOROVA and Viktor Ivanovich NIKIFOROV
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 19 November 2013 as a Committee composed of:
Boštjan M. Zupančič, President,
Ann Power-Forde,
Helena Jäderblom, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 30 August 2003,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Ms Anastasiya Andreyevna Nikiforova and Mr Viktor Ivanovich Nikiforov, are Ukrainian nationals, who were born in 1941 and 1943, respectively. The first applicant lives in Zaporizhzhya. The second applicant died on 6 August 2008. The first applicant expressed the wish to pursue the application on behalf of her late husband.
The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kulchytskyy, of the Ministry of Justice.
The applicants mainly complained under Article 6 § 1 of the Convention about the length of the domestic proceedings in their case.
On 16 April and 31 July 2013 respectively 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 them 900 (nine hundred) euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into the local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. It is to 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 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.
Stephen PhillipsBoštjan M. Zupančič
Deputy RegistrarPresident
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