by Nacho Dimov RADEV
The European Court of Human Rights (Fifth Section), sitting on 25 August 2009 as a Chamber composed of:
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
and Claudia Westerdiek, Section Registrar,
Having deliberated, decides as follows:
The case originated in an application lodged with the Court on 10 March 2004 by Mr Nacho Dimov Radev, a Bulgarian national who was born in 1958 and lives in village of Vetren. He was represented before the Court by Mr M. Ekimdjiev and Ms K. Boncheva, lawyers practising in Plovdiv. The respondent Government were represented by their Agent, Ms M. Dimova, of the Ministry of Justice.
On 29 April 2008 the Court declared the application partly inadmissible and decided to communicate the applicant’s complaints concerning the alleged excessive length and the lack of effective remedies in regards to the criminal proceedings against him that had been initiated in 1995.
On 5 June 2008 (reconfirmed by the applicant on 14 May 2009) and 30 April 2009 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Bulgaria in respect of the facts giving rise to this application against an undertaking by the Government to pay him 4,500 euros. This sum, which would cover any non-pecuniary damage as well as costs and expenses, would be converted into Bulgarian levs at the rate applicable on the date of payment, and free of any taxes that may be chargeable to the applicant. It would 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 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 would constitute the 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).
As to an expressed preference by the applicant concerning the repartition of the amount to be paid by the Government between him and his legal representatives, the Court considers this to be an internal matter between them.
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.
Claudia Westerdiek Peer