European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/301.html
Cite as: [2010] ECHR 301
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FIFTH SECTION
DECISION
Application no.
28990/04
by Nikolai Velikov RAYKOV
against Bulgaria
The European Court of Human Rights (Fifth Section), sitting on 9 February 2010 as a Chamber composed of:
Peer
Lorenzen,
President,
Renate
Jaeger,
Karel
Jungwiert,
Rait
Maruste,
Mark
Villiger,
Isabelle
Berro-Lefèvre,
Zdravka
Kalaydjieva,
judges,
and
Claudia Westerdiek, Section
Registrar,
Having regard to the above application lodged on 28 July 2004,
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 Nikolai Velikov Raykov, a Bulgarian national who was born in 1938 and lives in Veliko Tarnovo (“the applicant”). He was represented before the Court by Mr Y. Yordanov, a lawyer practising in Veliko Tarnovo. The Bulgarian Government (“the Government”) were represented by their Agent, Mr S. Atanasova, of the Ministry of Justice.
The applicant complained under Article 6 § 1 of the Convention about the length of the criminal proceedings against him, under Article 3 of the Convention that that length had caused him moral suffering, and under Article 34 of the Convention that the prosecution authorities had refused to provide him with copies of certain documents relevant to his complaints free of charge.
On 24 October 2008 the Court decided to communicate the complaint under Article 6 § 1 of the Convention to the Government. On 2 December 2008 and 4 December 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 his application in return for an undertaking by the Government to pay him EUR 2,400 in respect of any pecuniary and non pecuniary damage, as well as costs and expenses. That sum would be converted into Bulgarian levs at the rate applicable on the date of payment, and free of any taxes that may be applicable. The entirety of that sum would be payable within three months from the date of notification of the decision taken by the Court under Article 37 § 1 of the Convention. In the event of failure to pay that 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 LAW
The Court takes note of the friendly settlement between the parties. It is satisfied that it is based on respect for human rights as defined in the Convention and its Protocols, and finds no reasons justifying the continued examination of the application (Article 37 § 1 in fine of the Convention).
It therefore considers it appropriate to strike the case out of its list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia Westerdiek Peer Lorenzen
Registrar President