European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2012/875.html
Cite as: [2012] ECHR 875
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FOURTH SECTION
DECISION
Application no.
35482/08
Nikolay Borisov SIMEONOV
against Bulgaria
The European Court of Human Rights (Fourth Section), sitting on 10 May 2012 as a Committee composed of:
Päivi
Hirvelä,
President,
Ledi
Bianku,
Nebojša
Vučinić,
judges,
and
Fatoş Aracı, Deputy
Section Registrar,
Having regard to the above application lodged on 4 June 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Nikolay Borisov Simeonov, is a Bulgarian national, who was born in 1978 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 M. Kotseva, of the Ministry of Justice.
The applicant complained, inter alia, under Article 5 § 4 of the Convention about the alleged lack of review of his request for release.
On 18 November 2011 and 28 March 2012 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 2,500 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 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.
Fatoş Aracı Päivi Hirvelä
Deputy
Registrar President