FOURTH SECTION
DECISION
Application no. 8760/16
Fahrudin SEJDINOVIĆ
against Bosnia and Herzegovina
The European Court of Human Rights (Fourth Section), sitting on 13 June 2017 as a Committee composed of:
Carlo Ranzoni, President,
Faris Vehabović,
Péter Paczolay, judges
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 4 March 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Fahrudin Sejdinović, is a national of Bosnia and Herzegovina, who was born in 1963 and lives in Matuzici.
2. The Government of Bosnia and Herzegovina (“the Government”) were represented by Ms B. Skalonjić, Agent.
3. Without invoking any particular Article of the Convention, the applicant complained of the unlawfulness and lack of judicial review of his detention in Drin care Home and of a lack of adequate redress.
4. On 20 and 30 March 2017 the Court received friendly settlement declarations signed by the parties under which the applicant 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 him 8,500 euros to cover any and all non-pecuniary damage, plus any tax that may be chargeable to the applicant, which will be converted into the national currency at the rate applicable on the date of payment and 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 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
5. 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 6 July 2017.
Andrea TamiettiCarlo Ranzoni
Deputy RegistrarPresident
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