FOURTH SECTION
DECISION
Application no. 34676/10
Zijad ZEČEVIĆ
against Bosnia and Herzegovina
The European Court of Human Rights (Fourth Section), sitting on 10 October 2017 as a Committee composed of:
Carlo Ranzoni, President,
Faris Vehabović,
Péter Paczolay, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 9 June 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Zijad Zečević, is a national of Bosnia and Herzegovina, who was born in 1947 and lives in Lišnja-Prnjavor.
2. The Government of Bosnia and Herzegovina (“the Government”) were represented by Ms. B. Skalonjić, Agent.
3. The applicant complained under Article 6 § 1 of the Convention concerning his access to the Constitutional Court.
4. On 24 May 2017 and 22 June 2017 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to this application against an undertaking by the Government to pay him 3,600 euros to cover any and all non-pecuniary damage, plus any tax that may be chargeable to the applicant, which will be converted into the national 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, from the 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.
5. The Government will ensure with diligence, through appropriate procedures and if the applicant so requests, that the applicant’s constitutional appeal receives an examination before the Constitutional Court (see, mutatis mutandis, Đokić v. Serbia, no. 1005/08, § 47, 20 December 2011).
THE LAW
6. 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.
Done in English and notified in writing on 2 November 2017.
Andrea TamiettiCarlo Ranzoni
Deputy RegistrarPresident
Full & Egal Universal Law Academy