Hasan and Others v. North Macedonia

SECOND SECTION

Application no. 35981/21 Naser HASAN against North Macedonia and 2 other applications

(see appended table)

The European Court of Human Rights (Second Section), sitting on 15 June 2023 as a Committee composed of:

Frédéric Krenc , President , Diana Sârcu, Davor Derenčinović , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 6 of the Convention concerning the length of criminal proceedings were communicated to the Government of North Macedonia (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against North Macedonia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake 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 LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the cases 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.

Done in English and notified in writing on 6 July 2023.

Viktoriya Maradudina Frédéric Krenc Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 of the Convention

(Length of criminal proceedings)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

35981/21

28/06/2021

Naser HASAN

1964

Danche

Chakarovska-Grozdanovska

Skopje

09/05/2023

11/03/2023

350

250

45557/21

01/09/2021

Artan SALIU

1973

09/05/2023

11/03/2023

450

250

45829/21

06/09/2021

(8 applicants)

Abaz EMINI

1967

09/05/2023

11/03/2023

450

250

Lenka JOVANOVSKA

1959

600

Goran NAUTLIEV

1978

450

Vesa PETROVSKA

1963

600

Afrim SULEJMANI

1985

350

Zlate MICESKI

1954

600

Krste BOZHINOVSKI

1970

600

Vladimir DJONOV

1964

600

[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.