European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/725.html
Cite as: [2011] ECHR 725
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FIFTH SECTION
DECISION
Application no.
4984/09
by Vitaliy Mykolayovych SHEVCHUK
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 12 April 2011 as a Committee composed of:
Boštjan
M. Zupančič,
President,
Ganna
Yudkivska,
Angelika
Nußberger,
judges,
and Stephen Phillips,
Deputy Section Registrar,
Having regard to the above application lodged on 20 January 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Vitaliy Mykolayovych Shevchuk, a Ukrainian national who was born in 1974 and lives in Kyiv. The Ukrainian Government were represented by their Agent, Mrs Valeria Lutkovska.
The applicant complained about the length of the proceedings in his case. He also raised other complaints.
On 23 November 2010 and 4 January 2011 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application against an undertaking by the Government to pay him 1,300 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into national currency 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 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 Boštjan M.
Zupančič
Deputy Registrar President