FIRST SECTION
DECISION
Applications nos. 32591/09 and 55728/10
ISLAMSKA VERSKA ZAEDNICA against the former Yugoslav Republic of Macedonia
and Ordančo PECOV against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 1 July 2014 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Mirjana Lazarova Trajkovska,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications lodged on the dates set out in the appendix,
Having regard to the declarations submitted by the respondent Government on the dates set out in the appendix, requesting the Court to strike the applications out of the list of cases and the applicants’ reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov. The applicant in the application no. 55728/10 being a Bulgarian national, the Bulgarian Government were invited to intervene but they have not expressed their intention to do so.
The applicants complained under different Articles of the Convention about different types of proceedings, as set out in the appendix.
The applications, in respect of the length of the proceedings under Article 6 § 1 of the Convention, were communicated to the Government.
THE LAW
Having regard to the similarity of the main issue under the Convention, the Court decides to join the applications listed in the appendix and consider them in a single decision.
After failing to reach a friendly settlement, with letters of different dates set out in the appendix, the respondent Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issue in respect of the length of the proceedings. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The declaration provided as follows:
“... the Government would hereby like to express – by way of unilateral declaration – its acknowledgement that in the special circumstances of the present case, [the length of the domestic proceedings] did not fulfil the requirements of the applicant’s rights protected by Article 6 § 1 of the Convention. Consequently, the Government is prepared to pay the global sum of [as specified in the appendix for each separate application] euros to [the applicant name]. In its view, this amount would constitute adequate redress and sufficient compensation for the violation of Article 6 § 1 that the domestic proceedings lasted unreasonably long, thus a reasonable sum as to quantum in the present case in the light of the Court’s case law. This sum is to cover any pecuniary and non-pecuniary damage, as well as the costs and expenses, and will be free of any taxes that may be applicable. This sum will be payable to the personal account of the applicant[s] within three months from the date of the notification of the Court decision pursuant to Article 37 § 1 (c) of the Convention ... In the light of the above and in accordance with Article 37 § 1 (c) of the Convention, the Government would like to suggest that the circumstances of the present case allow the Court to reach the conclusion that for “any other reason” it is no longer justified to continue the examination of the application. Moreover, there are no reasons of a general character, as defined in Article 37 § 1 in fine, which would require the further examination of the case[s] by virtue of that provision. Therefore, the Government invites the Court to strike the application out of its list of cases. ”
With letters of different dates the applicants replied that they were not satisfied with the terms of the unilateral declarations.
The Court recalls that Article 37 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified, under (a), (b) or (c) of paragraph 1 of that Article. Article 37 § 1 (c) enables the Court in particular to strike a case out of its list if:
“for any other reason established by the Court, it is no longer justified to continue the examination of the applications”.
It also recalls that in certain circumstances, it may strike out an applications under Article 37 § 1(c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued.
To this end, the Court will examine carefully the declaration in the light of the principles emerging from its case-law, in particular the Tahsin Acar judgment (Tahsin Acar v. Turkey, [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI); WAZA Spółka z o.o. v. Poland (dec.) no. 11602/02, 26 June 2007; and Sulwińska v. Poland (dec.) no. 28953/03).
The Court has established in a number of cases, including those brought against the respondent State, its practice concerning complaints about the violation of Article 6 § 1 about one’s right to a hearing within a reasonable time (see Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII; Cocchiarella v. Italy [GC], no. 64886/01, §§ 69-98, ECHR 2006‑V; Majewski v. Poland, no. 52690/99, §§ 38-41, 11 October 2005; Wende and Kukówka v. Poland, no. 56026/00, §§ 63-65, 10 May 2007; Petkovski v. the former Yugoslav Republic of Macedonia (dec.) no. 27314/04, 13 November 2008; Ajvazi v. the former Yugoslav Republic of Macedonia (dec.) no. 30956/05, 13 November 2008).
Having regard to the nature of the admissions contained in the Government’s declarations, as well as the amounts of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of this part of the application (Article 37 § 1(c)).
Moreover, in light of the above considerations, and in particular given the clear and extensive case-law on the topic, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of this part of the application (Article 37 § 1 in fine).
The Court considers that these amounts should be converted into Macedonian denars at the rate applicable on the date of payment and paid within three months from the date of notification of the Court’s decision issued in accordance with Article 37 § 1 of the European Convention on Human Rights. In the event of failure to settle within this period, simple interest shall be payable on the amount in question at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points.
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application could be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
In view of the above, it is appropriate to strike the cases out of the list in the part concerning the complaints about the length of proceedings.
The applicants also raised additional complaints with reference to various Articles of the Convention and its Protocols.
Having regard to all the evidence in its possession, and in so far as it has jurisdiction to examine the allegations, the Court has not found any appearance of a breach of the rights and freedoms guaranteed by the Convention or its Protocols.
It follows that this remaining part of the applications is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Takes note of the terms of the respondent Government’s declaration under Article 6 § 1 of the Convention and of the modalities for ensuring compliance with the undertakings referred to therein;
Decides to strike the part of the applications about the length of proceedings out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Declares the remainder of the applications inadmissible.
André WampachPaulo Pinto de Albuquerque
Deputy RegistrarPresident
APPENDIX
No.
Application
no.
Lodged on
Applicant name,
Date of birth,
Place of residence,
Nationality
Represented by
Subject-matter and case file number of the domestic proceedings
Articles invoked
Date of Government’s unilateral declaration
Sum awarded (in euros)
32591/09
11/06/2009
ISLAMSKA VERSKA ZAEDNICA
01/01/1951
Skopje
(a religious community registered in the respondent State)
Radovan ČESMADŽISKI
Property dispute for title to mosques
(П.бр.2092/98
П.бр. 1410/00)
Article 6
Article 1 of Protocol No.1
20/02/2014
2,880
55728/10
18/09/2010
Ordančo PECOV
05/01/1968
Negotino
Bulgarian and Macedonian
Labour proceedings for dismissal
(РО.бр. 551/07
Рев.бр. 593/2009)
Article 3
Article 6
Article 13
Article 14
Article 17
Article 1 of Protocol No. 1
900
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