Đorđević v. Serbia

THIRD SECTION

Application no. 12608/18 Ignjat ĐORĐEVIĆ

against Serbia (see appended table)

The European Court of Human Rights (Third Section), sitting on 16 May 2019 as a Committee composed of:

Dmitry Dedov, President, Alena Poláčková, Jolien Schukking, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 2 March 2018,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr V. Biljić, a lawyer practising in Belgrade.

The applicant’s complaint under Article 3 of the Convention concerning his forced stripping at a public nursery school was communicated to the Serbian Government (“the Government”).

The Court received friendly-settlement declarations under which the applicant agreed to waive any further claims against Serbia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him 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 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 the Protocols thereto 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.

Done in English and notified in writing on 6 June 2019.

Liv Tigerstedt Dmitry Dedov Acting Deputy Registrar President

APPENDIX

Application no. Date of introduction

Applicant’s name

Date of birth

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]

12608/18

02/03/2018

Ignjat Đorđević

22/03/2005

19/03/2019

05/02/2019

7,500

less any amount which may have already been paid in that regard at the domestic level

500

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

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