Published on 7 July 2025
SECOND SECTION
Application no. 17754/21
Boban VELICHKOVSKI against North Macedonia
and 3 other applications
(see list appended)
communicated on 19 June 2025
STATEMENT OF FACTS
The applications concern the alleged breach of the applicants’ right to presumption of innocence (in respect of application nos. 44620/22 and 28323/23), and the alleged unjustified refusal to award them compensation for damages in civil proceedings, including for time spent in extradition detention, detention on remand and/or in prison, resulting from discontinued criminal proceedings, in respect of all applications.
With final judgments of the Supreme Court, it was held that the applicants could not be compensated, as the prosecution was discontinued due to being time-barred, not because of misconduct on the part of the authorities or acquittal.
In respect of application nos. 44620/22 and 28323/23, the domestic courts further found that it was not established that the applicants had proven their innocence in the criminal proceedings; rather, the proceedings were discontinued solely on the grounds that the limitation period had expired.
The applicant in application no. 40162/23 submitted a legal opinion of the Supreme Court, dated 21 March 2023, which states that an accused person whose criminal proceedings have been discontinued due to the expiration of the limitation period is entitled to compensation.
The applicants in application nos. 44620/22 and 28323/23 complain under Article 6 § 2 of the Convention about the breach of their right to the presumption of innocence, while the applicants in all applications complain under Article 1 of Protocol No. 1 about the refusal to award them compensation for damages in the above-mentioned proceedings.
QUESTIONS TO THE PARTIES
1. Was the presumption of innocence, guaranteed by Article 6 § 2 of the Convention, respected in application nos. 44620/22 and 28323/23, in particular with regard to the language used by the domestic courts in the compensation proceedings initiated by the applicants (see Milachikj v. North Macedonia, no. 44773/16, §§ 31-40, 14 October 2021 and Nealon and Hallam v. the United Kingdom [GC], nos. 32483/19 and 35049/19, §§ 168-69, 11 June 2024)?
2. Did the applicants have a legitimate expectation of obtaining compensation for the time spent in extradition detention, pre-trial detention and/or in serving their prison sentence, following the discontinuance of the criminal proceedings against them? If so, did the refusal of the authorities to accommodate such claim comply with the principle of lawfulness, pursue a legitimate aim, and employ means reasonably proportionate to the aim sought to be realised, within the meaning of Article 1 of Protocol No. 1 to the Convention (see Kopecký v. Slovakia [GC], no. 44912/98, § 35, ECHR 2004-IX; Stojanovski and Others v. the former Yugoslav Republic of Macedonia, no. 14174/09, § 46, 23 October 2014)?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
17754/21
Velichkovski v. North Macedonia
18/03/2021
Boban VELICHKOVSKI
1969
Kumanovo,
Macedonian/citizen of the Republic of North Macedonia
Viktor CVETKOVSKI
2.
44620/22
Dimov v. North Macedonia
10/09/2022
Risto DIMOV
1958
Skopje,
Macedonian/citizen of the Republic of North Macedonia
Tome IVCHESKI
3.
28323/23
Kolev v. North Macedonia
10/07/2023
Emilijan KOLEV
1974
Probishtip,
Macedonian/citizen of the Republic of North Macedonia
Milena DUMANOVSKA
4.
40162/23
Zafirov v. North Macedonia
03/11/2023
Valentin ZAFIROV
1963
Veles,
Macedonian/citizen of the Republic of North Macedonia
Cvetanka NASTOVA
List of cases