THIRD SECTION
DECISION
Application no. 2084/15
Radmila VARJAČIĆ against Serbia
and 2 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 30 January 2018 as a Committee composed of:
Pere Pastor Vilanova, President,
Branko Lubarda,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants’ personal and other relevant details are set out in the appended table. The Serbian Government ("the Government") were represented by their Agent, Ms N. Plavšić.
One of the applicants did not refer to any Articles of the Convention while other two applicants referred to Article 6 of the Convention. However they all complain about the excessive length of the proceedings in their cases respectively. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 17 May 2016 and 1 December 2017 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the sums indicated in the appended table to cover any non-pecuniary damage, less any amounts which may have already been paid in that regard at the domestic level, as well as the amounts which are indicated also in the appended table to cover any and all costs and expenses, plus any tax that may be chargeable to the applicants. These sums will be converted into local 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 these sums within the said three-month period, the Government undertook to pay simple interest on them, 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. These payments will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 22 February 2018.
Fatoş AracıPere Pastor Vilanova
Deputy RegistrarPresident
APPENDIX
No.
Application no. and date of introduction
Applicant name
date of birth
nationality
Represented
by
Start of proceedings
End of Proceedings
Total length and number of instances since 3 March 2004 (the date on which the Convention came into force)
Constitutional Court
decision details;
just satisfaction awarded
(if any)
Amounts FS (sums in respect of the non-pecuniary damage and in respect of the costs and expenses per applicant in euros, plus any tax that may be chargeable to the applicants)[1]
2084/15
25/11/2014
Radmila VARJAČIĆ
13/04/1959
Kragujevac
Serbian
-
21/05/2001
25/09/2012
8 years and 6 months
2 levels of jurisdiction
Už. 736/2012
15 October 2014
2,400+ 100
2.
21803/15
28/04/2015
Slobodan RADOVIĆ
05/06/1956
Valjevo
Serbian
-
02/04/2001
18/06/2012
8 years and 3 months
2 levels of jurisdiction
Už-8002/2012
26 February 2015
2,700+ 100
3.
26884/15
20/05/2015
Dušan RAĐEN
30/07/1955
Čačak
Serbian
Slađana PANTELIĆ
25/12/2005
05/09/2012
6 years and 8 months
2 levels of jurisdiction
Už-8787/2012
30 October 2014
1,800+ 500
[1]. Less any amounts which may have already been paid on this basis at the domestic level
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