SECOND SECTION
DECISION
Application no. 43242/11
Zarko VLAJKOVIC
against Hungary
The European Court of Human Rights (Second Section), sitting on 4 September 2012 as a Committee composed of:
Dragoljub Popović, President,
András Sajó,
Paulo Pinto de Albuquerque, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 27 May 2011,
Having regard to the declaration of the Serbian Government that they did not intend to make use of their right to intervene under Article 36 of the Convention,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Zarko Vlajković, is a Serbian national, who was born in 1959 and lives in Szombathely.
The Hungarian Government (“the Government”) were represented by Mr Z. Tallódi, Agent, Ministry of Public Administration and Justice.
The applicant complained about the length of his pre-trial detention and the outcome of the criminal proceedings conducted against him. He relied on Articles 6 and 7 of the Convention.
On 13 April and 22 June 2012 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Hungary in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,000 euros to cover any pecuniary and non-pecuniary damage, which would be converted into Hungarian forints 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 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 pursuant to Article 39 of the Convention.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Françoise Elens-PassosDragoljub Popović
Deputy RegistrarPresident
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