European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/1710.html
Cite as: [2010] ECHR 1710
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FIRST SECTION
DECISION
Application no.
24008/07
by Radovan MAKSIMOVIĆ and Others
against Croatia
The European Court of Human Rights (First Section), sitting on 14 October 2010 as a Chamber composed of:
Christos
Rozakis,
President,
Nina
Vajić,
Elisabeth
Steiner,
Khanlar
Hajiyev,
Dean
Spielmann,
Giorgio
Malinverni,
George
Nicolaou,
judges,
and Søren Nielsen,
Registrar,
Having regard to the above application lodged on 16 May 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Radovan Maksimović, Mrs Nevenka Bavardi, Mr Goran Krstić and Mr Petar Krstić, who are Croatian nationals and were born in 1993, 1953, 1976 and 1974 respectively and live in Vukovar. They were represented before the Court by Ms I. Bojić, a lawyer practising in Zagreb. The Croatian Government (“the Government”) were represented by their Agent, Ms Š. StaZnik.
The applicants complained under Articles 2 and 8 of the Convention that the State had failed to comply with their positive and procedural obligations in respect of the death of their close relative J.K. They further complained under Article 13 of the Convention that they had no effective remedy in respect of their Article 2 complaint.
On 7 and 15 September 2010 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against the Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay the applicants jointly 27,500 eruos, as well as additional 5,000 euros to the first applicant, to cover any non-pecuniary damage as well as costs and expenses, which would be converted into Croatian kuna 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 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 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 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 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.
Søren Nielsen Christos Rozakis
Registrar President
