European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 20751/05
by Goce MLADENOSKI
against the former Yugoslav Republic of Macedonia

The European Court of Human Rights (Fifth Section), sitting on 2 December 2008 as a Chamber composed of:

Peer Lorenzen, President,
Rait Maruste,
Karel Jungwiert,
Renate Jaeger,
Mark Villiger,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
and Claudia Westerdiek, Section Reistrar,

Having regard to the above application lodged on 20 May 2005,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Goce Mladenoski, is a Macedonian national who was born in 1969 and lives in Ohrid. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.

The application concerns criminal proceedings instituted against the applicant for fraud (измама). The proceedings in question started on 11 December 1997, when the bill of indictment was lodged. They ended on 13 September 2006, when the Ohrid Court of First Instance suspended the proceedings as the prosecution had become time-barred.

COMPLAINTS

The applicant complained under Article 6 of the Convention that his case had not been heard within a reasonable time.

He further complained under the same head that the Court of Appeal had quashed the first-instance court’s judgments on two occasions.

THE LAW

On 16 April 2008 the Court received the following declaration from the Government:

“I, Radica Lazareska-Gerovska, Agent of the Government, declare that the Government of the Republic of Macedonia offer to pay ex gratia 3,300 euros to
Mr Goce Mladenoski with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be converted into Macedonian Denars at the rate applicable on the date of payment, and 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 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 undertake 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.”

On 4 April 2008 the Court received a declaration, duly signed by the applicant, which read, inter alia, as follows:

“I, Goce Mladenoski, the applicant, note that the Government of the former Yugoslav Republic of Macedonia are prepared to pay me ex gratia the sum of 3,300 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights ... I accept the proposal and waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”

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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it should be struck out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Claudia Westerdiek Peer Lorenzen
Registrar President