FIRST SECTION
DECISION
Application no. 56649/11
V.Z. and Others
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 1 July 2014 as a Committee composed of:
Linos-Alexandre Sicilianos, President,
Mirjana Lazarova Trajkovska,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 2 September 2011,
Having regard to the formal declaration accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicants complained under Article 8 of the Convention that pending the judicial proceedings concerning the first and second applicants’ parental rights on the third applicant, the latter had been placed in an orphanage and the first and second applicants had been prevented from seeing her. The application was communicated to the Government.
On 2 May 2014 the Court received a friendly-settlement declaration, dated 17 April 2014 and signed by the parties. The declaration provided as follows:
“the Government... and the applicant’s representative... have now reached the following friendly settlement, on the basis of respect for human rights, as defined in [the Convention], in order to terminate the proceedings before [the Court] that originated in application no. 56649/11, lodged by [the applicants].
1. The Government will pay, ex gratia, the sum of 1,500 euros to each applicant. This sum is to cover any pecuniary and non-pecuniary damage and legal costs and expenses. This sum will be converted into Macedonian denars at the rate applicable on the date of payment. Execution of payment will take place within three months from the date of notification of the Court’s [decision] striking the case out of its list of cases.
2. The Government and the applicants undertake not to request the reference of the case to the Grand Chamber under Article 43 § 1 of the Convention after the delivery of the Court’s [decision].”
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.
André WampachLinos-Alexandre Sicilianos
Deputy RegistrarPresident
Appendix
Mr V.Z. (“the first applicant”), born on 12 December 1965, is a Macedonian national, lives in K. and is represented by B. Risteska Tutunovska (“the first applicant”). Mrs V.Z. (“the second applicant”), born on 1 September 1964, is a Macedonian national, lives in K. and is represented by B. Risteska Tutunovska. Ms E.Z. (“the third applicant”), born on 7 January 2004, is a Macedonian national, lives in K. and is represented by B. Risteska Tutunovska.
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