FIFTH SECTION
DECISION
Application no. 6136/09
Oleksandra Mykhaylivna TYULYAKOVA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 11 December 2012 as a Committee composed of:
Angelika Nußberger, President,
André Potocki,
Aleš Pejchal, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 19 January 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Oleksandra Mykhaylivna Tyulyakova, is a Ukrainian national, who was born in 1955 and lives in Krasnodon.
The Ukrainian Government (“the Government”) were represented by their Agent, Mr Nazar Kulchytskyy, of the Ministry of Justice.
The applicant complained under Articles 2, 6 § 1 and 13 of the Convention about the ineffectiveness of lengthy investigation into her son’s death and excessive length of the proceedings concerning the related civil claim for damages. The applicant further raised other complaints under Articles 12 and 14 of the Convention and Article 1 of Protocol No. 1.
On 7 May 2012 and 4 July 2012 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application against an undertaking by the Government to pay her ex gratia 8,000 (eight thousand) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It 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
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.
Stephen PhillipsAngelika Nußberger
Deputy RegistrarPresident
Full & Egal Universal Law Academy