European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/595.html
Cite as: [2010] ECHR 595
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SECOND SECTION
DECISION
Application no.
39321/06
by Slavica SAVIĆ
against Serbia
The European Court of Human Rights (Second Section), sitting on 23 March 2010 as a Chamber composed of:
Françoise
Tulkens, President,
Ireneu
Cabral Barreto,
Vladimiro
Zagrebelsky,
Danutė
Jočienė,
Dragoljub
Popović,
András
Sajó,
Nona
Tsotsoria, judges,
and
Françoise Elens-Passos, Deputy
Section Registrar,
Having regard to the above application lodged on 26 September 2006,
Having regard to the declaration submitted by the respondent Government on 5 August 2009 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Slavica Savić, is a Serbian national who was born in 1954 and lives in Leskovac. She was represented before the Court by Mr D. Vidosavljević, a lawyer practising in Leskovac. The Serbian Government (“the Government”) were represented by Mr S. Carić, the Agent.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 22 February 2001 the applicant initiated a property related civil action, regarding her ownership over a building in Leskovac. According to the information in the case file, this suit appears to be still pending at second instance, following two remittals.
On 22 June 2001 the applicant initiated another set of proceedings relating to the same issue. On 23 August 2006 these proceedings were terminated on procedural grounds, with no decision on the merits being reached.
COMPLAINTS
The applicant complained about the unreasonable length of the proceedings in question.
THE LAW
The application had been communicated to the Government under Article 6 § 1 of the Convention, regarding the procedural delay in the applicant’s property suits.
By letter dated 5 August 2009, the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by the applicant. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
The declaration, signed by the Government’s Agent, provided as follows:
“I declare that the Government of the Republic of Serbia are ready to accept that there had been a violation of the applicant’s right under Article 6 paragraph 1 [...] and Article 13 of the Convention and unilaterally offer to pay to the applicant the amount of EUR 2,600 ex gratia in respect of the application registered under no. 39321/06 before the European Court of Human Rights.
This sum, which covers any pecuniary and non-pecuniary damage as well as costs, shall be paid in dinar counter-value, free of any taxes that may be applicable and to an account ... [specified] ... by the applicant. The sum shall be payable within three months from the date of delivery of the [decision] by the Court. This payment will constitute the final resolution of the case.
The Government regret the occurrence of the actions which have led to the bringing of the present application.”
In a submission dated 13 October 2009, the applicant informed the Court that she could not accept the unilateral declaration, as the damage she had suffered had been much greater.
The Court recalls that Article 37 of the Convention provides that it may, at any stage of the proceedings, decide to strike an application out of its list of cases. In particular, Article 37 § 1 (c) enables the Court to strike a case out of its list if it finds that “it is no longer justified to continue the examination of the application”, and it has done so in the past on the basis of certain unilateral declarations by respondent Governments even if the applicants had maintained their cases.
To this end, the Court will carefully examine the declaration made by the Government in the present case in the light of the principles emerging from its case-law (see Tahsin Acar v. Turkey, [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI).
The Court notes that it has specified in a number of cases the nature and extent of the obligations which arise for a State Party under Article 6 § 1 of the Convention concerning the right to a hearing within a reasonable time (see, among many others, Cocchiarella v. Italy [GC], no. 64886/01, ECHR 2006; Kudła v. Poland [GC], no. 30210/96, ECHR 2000 XI; Ilić v. Serbia, no. 30132/04, 9 October 2007). Where the Court has found a breach of this provision it has awarded just satisfaction, the amount of which has depended on the particular features of the case.
The Court considers that both sets of proceedings in the present case relate to the same issue, and will therefore consider the period as a whole for the purposes of its Article 6 § 1 analysis, starting with 22 February 2001 (see, mutatis mutandis, Cravcenco v. Moldova, no. 13012/02, § 49, 15 January 2008).
Having regard to the nature of the concessions contained in the Government’s unilateral declaration in the present case, as well as the amount of compensation proposed (which can be considered reasonable in comparison with the Court’s awards in similar cases, when account is taken of the fact that some six years of the impugned proceedings fall within the Court’s competence ratione temporis, Serbia having ratified the Convention on 3 March 2004), the Court finds that it is no longer justified to continue the examination of the application (Article 37 § 1 (c) of the Convention; see, for the relevant principles, Tahsin Acar, cited above; Haran v. Turkey, no. 25754/94, judgment of 26 March 2002).
The Court is also satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue with this examination (Article 37 § 1 in fine). Nevertheless, in the particular circumstances of the case, the Court considers that the State should still ensure that all necessary steps are taken to allow the first proceedings to be concluded as speedily as possible, taking into account the requirements of the proper administration of justice.
Accordingly, the application should be struck out of the list.
Since the first proceedings appear to be still pending, it is to be noted that the Court’s strike-out decision is without prejudice to the merits of the applicant’s domestic claim or, indeed, her ability to obtain redress for any additional procedural delay which may occur after the date of the present decision.
Finally, the Court recalls that, should the respondent State, fail to comply with the terms of its unilateral declaration in the present case, the application could be restored to the Court’s list pursuant to Article 37 § 2 of the Convention (see Aleksentseva and 28 Others v. Russia (dec.), no. 75025/01, ECHR, 23 March 2006).
For these reasons, the Court unanimously
Takes note of the terms of the respondent Government’s declaration under Articles 6 § 1 and 13 of the Convention and of the modalities for ensuring compliance with the undertakings referred to therein;
Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Françoise Elens-Passos Françoise
Tulkens
Deputy Registrar President