FOURTH SECTION
DECISION
Application no. 39364/08
Božidar ŠALIPUROVIĆ and Others
against Bosnia and Herzegovina
The European Court of Human Rights (Fourth Section), sitting on 7 February 2012 as a Committee composed of:
George Nicolaou, President,
Ledi Bianku,
Vincent A. De Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 24 July 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
1. The application has initially been submitted by four citizens of Bosnia and Herzegovina, Mr Božidar Šalipurović, Ms Darinka Šalipurović, Mr Nedeljko Šalipurović and Ms Slavica Šalipurović, who were born in 1950, 1948, 1969 and 1975, respectively. On 29 March 2011 Mr Nedeljko Šalipurović informed the Court that Mr Božidar Šalipurović had died on 29 October 2010. The Bosnian-Herzegovinian Government (“the Government”) were represented by their Agent, Ms M. Mijić.
2. The applicants complained under Article 6 of, and Article 1 of Protocol No. 1 to, the Convention of the non-enforcement of the final judgment adopted in their favour against the Republika Srpska by the Vlasenica First Instance Court on 7 February 2001.
3. On 14 March, 14 September and 7 December 2011 the Court received friendly settlement declarations signed by the parties under which the applicants 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 them in solidum 1,000 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into convertible marks at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. The sum would be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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.
4. The parties, furthermore, agreed that the Government would secure full enforcement of the domestic judgment under consideration in the present case in cash within nine months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the Convention.
These payments constituted 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 (Article 37 § 1 in fine of the Convention).
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.
Fatoş AracıGeorge Nicolaou
Deputy RegistrarPresident
Full & Egal Universal Law Academy