Poposki v. "the Former Yugoslav Republic of Macedonia"

FIRST SECTION

Application no. 57570/09 Robert POPOSKI against the former Yugoslav Republic of Macedonia

The European Court of Human Rights (First Section), sitting on 26 August 2014 as a Committee composed of:

Linos-Alexandre Sicilianos, President, Mirjana Lazarova Trajkovska, Ksenija Turković, judges,

and Søren C. Prebensen, Acting Deputy Section Registrar,

Having regard to the above application lodged on 24 September 2009,

Having regard to the formal declaration accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Robert Poposki, is a Macedonian national, who was born in 1986 and lives in Struga. He was represented before the Court by his mother, Ms R. Poposka.

The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.

The applicant’s complaints under Article 3 of the Convention were communicated to the Government on 28 February 2014.

On 22 April 2014 the Court received a friendly settlement declaration signed by the parties under which the applicant agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay him ex gratia 9,100 euros, to cover any pecuniary and non-pecuniary damage, as well as legal costs and expenses. The sum would be converted into Macedonian denars at the rate applicable on the date of payment. It would be payable on the applicant’s personal account within three months from the date of notification of the decision taken by the Court. The Government and the applicant undertook that this would be the final settlement 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. 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 in accordance with Article 39 of the Convention.

Søren C. Prebensen Linos-Alexandre Sicilianos Acting Deputy Registrar President