FIRST SECTION
DECISION
Application no. 6235/08
by Dimce VASILEV
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on
15 March 2011 as a Committee composed of:
Anatoly Kovler, President,
Christos Rozakis,
Mirjana Lazarova Trajkovska, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 21 January 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Dimce Vasilev, a Macedonian national who was born in 1967 and lives in Radoviš. He was represented before the Court by Mr A. Tumanovski, a lawyer practising in Skopje. The Macedonian Government (“the Government”) were represented by their Agent, were represented by their Agent, Mrs R. Lazareska Gerovska.
On 4 November 2010 the Court decided to communicate the applicant’s complaint concerning the length of criminal proceedings in which he was charged with bribes as well as the related complaint under Article 13 of the Convention. The proceedings began on 20 May 1997 and ended on
13 September 2007 (date of service).
On 9 December 2010 and 25 January 2011 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 3,500 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into Macedonian Denars at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. This sum would be payable to the personal account of the applicant within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 would 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 (Article 37 § 1 in fine of the Convention).
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.
André WampachAnatoly Kovler
Deputy RegistrarPresident
Full & Egal Universal Law Academy