European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/348.html
Cite as: [2011] ECHR 348
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FIFTH SECTION
DECISION
Application no.
12109/06
by Ventsislav Stoyanov DINCHEV
against Bulgaria
The European Court of Human Rights (Fifth Section), sitting on 31 January 2011 as a Committee composed of:
Mirjana
Lazarova Trajkovska,
President,
Zdravka
Kalaydjieva,
Julia
Laffranque,
judges,
and
Stephen Phillips, Deputy
Section Registrar,
Having regard to the above application lodged on 16 March 2006,
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 Ventsislav Stoyanov Dinchev, a Bulgarian national who was born in 1977 and lives in Pazardzhik. He was represented before the Court by Mr V. Stoyanov, a lawyer practising in Pazardzhik. The Bulgarian Government (“the Government”) were represented by their Agent, Mrs R. Nikolova, of the Ministry of Justice.
The applicant complained under Article 6 § 1 of the Convention about the length of the criminal proceedings against him and under Article 13 about the lack of domestic remedies related thereto.
On 13 July 2010 the Court communicated the application to the Government.
On 5 August 2010 and 17 December 2010 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 2,700 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Bulgarian levs 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.
Stephen Phillips Mirjana Lazarova
Trajkovska
Deputy Registrar President