Fond Za Humanitarno Pravo and Others v. Serbia

FOURTH SECTION

Application no. 21360/21 FOND ZA HUMANITARNO PRAVO against Serbia and 5 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 12 October 2023 as a Committee composed of:

Faris Vehabović , President , Anja Seibert-Fohr, Anne Louise Bormann , 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 and their representatives is set out in the appended table.

The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of constitutional proceedings were communicated to the Serbian Government (“the Government”).

The Court received the 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, 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 16 November 2023.

Viktoriya Maradudina Faris Vehabović Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

No.

Application no. Date of introduction

Applicant’s name

Year of birth/registration

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] 2

Amount awarded for costs and expenses

per application

(in euros) 3

21360/21

15/04/2021

FOND ZA

HUMANITARNO PRAVO

1993

Pavlović Mihailo

Belgrade

01/08/2023

29/03/2023

1,200

250

45978/21

17/08/2021

Srđan PETROVIĆ

1981

Stamenković Radmila

Belgrade

01/08/2023

30/05/2023

1,200

250

34221/22

05/07/2022

Ranko ĐURAŠKOVIĆ

1985

Katanić Arsenije

Novi Sad

01/08/2023

19/06/2023

1,500

250

35064/22

08/07/2022

Vladimir STOJANOVIĆ

1941

01/08/2023

08/06/2023

3,000

-

35140/22

08/07/2022

Stojan DUNJIĆ

1939

Lazarević Milan

Belgrade

01/08/2023

16/05/2023

3,600

250

38683/22

30/07/2022

Vladimir MILOŠEVIĆ

1971

Jeremić Dijana

Čačak

01/08/2023

02/06/2023

1,500

250

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

2 Less any amounts which may have already been paid in that regard at the domestic level.

3 Plus any tax that may be chargeable to the applicants.