Tofilovski and Others v. Serbia

THIRD SECTION

Application no. 33607/07 Ljubomir TOFILOVSKI and others against Serbia and 3 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 24 June 2014 as a Committee composed of:

Ján Šikuta, President, Dragoljub Popović, Iulia Antoanella Motoc, judges,

and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above applications lodged between 28 July 2007 and 19 May 2008,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants and their representatives is set out in the appendix.

The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.

The applicants complained under Article 6 of the Convention about the length of their respective criminal and civil proceedings.

Between 20 October 2013 and 25 November 2013 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the amounts specified in the appended table to cover any and all non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicants, which will be converted into national currency at the rate applicable on the date of payment. These sums will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, from the 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 cases.

The parties, furthermore, agreed that the Government will ensure that all necessary steps are taken to allow the domestic proceedings under consideration in the cases in which the final decisions are still pending to be concluded as speedily as possible, taking into account the requirements of the proper administration of justice.

THE LAW

The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.

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 applications.

In view of the above, it is appropriate to strike the applications out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Marialena Tsirli Ján Šikuta Deputy Registrar President

Appendix

No.

Application No.

Lodged on

Applicant

Date of birth

Place of residence

Represented by

Friendly settlement amount (non-pecuniary damage + costs and expenses)

33607/07

28/07/2007

Ljubomir TOFILOVSKI

07/05/1948

Beograd

Novica ILIĆ

25/07/1949

Dolovo

Milovan BLANUŠA

20/07/1950

Umka

Vladimir VUJIČIĆ

29/03/1948

Beograd

Cvetko NEDELJKOVIĆ

18/10/1947

Kragujevac

Miodrag MILENKOVIĆ

11/09/1943

Ovča

Nikola MUTIĆ

20/03/1950

Nova Pazova

Čedomir MILJKOVIĆ

3,120 euros to each applicant for non-pecuniary damage + 500 euros jointly to the applicants for costs and expenses

50574/07

10/10/2007

Nenad GLADOVIĆ

26/08/2007

Beograd

Predrag SAVIĆ

2,730 euros + 500 euros

7102/08

28/01/2008

Vesna HASANAGIĆ

16/02/1987

Nadalj

Julka PURAĆ-HASANAGIĆ

1,800 euros + 500 euros

27281/08

19/05/2008

Remka HAMIDOVIĆ

03/10/1953

Novi Pazar

1,800 euros for non-pecuniary damage and costs and expenses