FIFTH SECTION
DECISION
Application no. 11746/16
Jaroslav SUCHÝ
against the Czech Republic
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 8 September 2022 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Ivana Jelić,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 26 February 2016,
Having regard to the formal declaration accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant, a Czech national, was represented by Mr D. Strupek, a lawyer practising in Prague.
The applicant’s complaints under Article 14 of the Convention taken in conjunction with Article 2 of Protocol No. 1 to the Convention, concerning his placement, allegedly based on his Roma origin, in a special school intended for children with mental deficiencies between 1985 and 1995, were communicated to the Czech Government (“the Government”).
Subsequently, the parties informed the Court that they had reached a friendly settlement and submitted a joint friendly‑settlement declaration, signed by both parties, under which the applicant agreed to waive any further claims against the Czech Republic in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake 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
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 the Protocols thereto 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 September 2022.
Viktoriya Maradudina Stéphanie Mourou-Vikström
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 14 of the Convention taken in conjunction with Article 2 of Protocol No. 1
to the Convention
(discrimination of Roma pupils)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
11746/16
26/02/2016
Jaroslav SUCHÝ
1978
David Strupek
Prague
15/07/2022
15/07/2022
4,000
[1] Plus any tax that may be chargeable to the applicant.