FIFTH SECTION
DECISION
Application no. 19617/09
O.P.
against Slovenia
The European Court of Human Rights (Fifth Section), sitting on 6 January 2015 as a Committee composed of:
Angelika Nußberger, President,
Boštjan M. Zupančič,
Vincent A. De Gaetano, judges,
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 25 March 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms O.P., is a Slovenian national, who was born in 1958 and lives in Ljubljana. The Acting President of the Section decided that the applicant’s identity should not be disclosed to the public (Rule 47 § 4). She was represented before the Court by Mr B Franko, a lawyer practising in Škofljica.
The Slovenian Government (“the Government”) were represented by their Agent.
The applicant complained under Article 5 § 1 (e) of the Convention that her confinement to the psychiatric hospital had been unlawful, that she had not been informed about the reasons for her confinement, nor had she known how long she would have to remain in the hospital. She further complained under this Article that a number of procedural guarantees had been breached in the proceedings for confinement.
Relying on Article 5 §§ 2 and 4 of the Convention, the applicant complained that she had not been able to effectively challenge the lawfulness of the confinement.
Furthermore, she complained under Article 6 of the Convention that her right to a trial within a reasonable time had been violated, as she had been denied prompt access to court to challenge the lawfulness of her confinement.
Relying on Article 13 of the Convention, the applicant finally complained that she had not have an effective remedy at her disposal for obtaining relief in respect of the above complaints.
On 20 November 2014 and 24 November 2014 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Slovenia in respect of the facts giving rise to this application against an undertaking by the Government to pay her 10,000 euros (EUR) to cover any non-pecuniary damage and further EUR 2,500 to cover any and all costs and expenses, which will be free of any taxes that may be applicable. The amounts 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 the above amounts 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 29 January 2015.
Claudia WesterdiekAngelika Nußberger
RegistrarPresident
Full & Egal Universal Law Academy