FIRST SECTION
DECISION
This version was rectified on 28 November 2013
under Rule 81 of the Rules of Court
Applications nos. 43287/08 and 54009/09
Jordan RISTOV against the former Yugoslav Republic of Macedonia
and Nevzat ADEMI against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 1 October 2013 as a Committee composed of:
Elisabeth Steiner, President,
Mirjana Lazarova Trajkovska,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications lodged on 21 August 2008 and 3 October 2009 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Mr Jordan Ristov, is a Macedonian national and lives in Valandovo. He was represented before the Court by Ms N. Zujica, a lawyer practising in Skopje.
The applicant in the second case, Mr Nevzat Ademi, is a Macedonian national, who was born in 1954 and lives in Tetovo. He was represented before the Court by Ms M. Kecman, a lawyer practising in Skopje.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicants complained under various Articles of the Convention about proceedings set out in the appendix.
On the dates set out in the appendix, the parties signed friendly settlement declarations, under which the applicants agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the sums set out in the appendix, to cover any non-pecuniary damage as well as costs and expenses, which would be converted into the national currency at the rate applicable on the date of payment and would be free of any taxes that may be applicable. These sums 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 these sums 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 payments will constitute the final resolution of the cases.
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 applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court unanimously
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
André WampachElisabeth Steiner
Deputy RegistrarPresident
Appendix
Application no.
Applicant
Subject matter of domestic proceedings
Friendly settlement declaration signed by the Government on
Friendly settlement declaration signed by the applicant on
Sum of friendly settlement (in euros)
43287/08
Jordan Ristov
Criminal proceedings
К.бр. 296/99
10/09/2012
15/03/2013
4,400[1]
54009/09
Nevzat Ademi
Compensation proceedings
П.бр.227/02
26/04/2012
15/03/2013
1,700[2]
[1] Rectified on 28 November 2013: the sum was “1,700”.
[2] Rectified on 28 November 2013: the sum was “4,400”.
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