THIRD SECTION

DECISION

Application no. 31629/07 by Jurijs APARS against Latvia

The European Court of Human Rights (Third Section), sitting on 9 February 2010 as a Chamber composed of:

Josep Casadevall , President, Elisabet Fura , Corneliu Bîrsan , Alvina Gyulumyan , Egbert Myjer , Ineta Ziemele , Ann Power , judges, and Stanley Naismith , Deputy Section Registrar ,

Having regard to the above application lodged on 4 June 2007,

Having regard to the unilateral declaration submitted by the respondent Government on 29 Septemb er 2009 with a view to terminating the proceedings and the applicant ' s reply to that declaration,

Having deliberated, decides as follows:

THE FACTS

COMPLAINTS

THE LAW

A. Length of proceedings

“ The Government of the Republic of Latvia represented by their Agent Inga Reine (hereinafter – the Government) admit that the total length of criminal proceedings initiated against Jurijs Apars (hereinafter – the applicant) did not meet the standards enshrined in Article 6 paragraph 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter – the Convention). Being aware of that, the Government undertake to adopt all necessary measures in order to avoid similar infringements in future.

Taking into account that the parties have failed to reach a friendly settlement in the present case, the Government declare that they offer to pay to the applicant the compensation in the amount of 900 euro, this amount being the global sum and covering any pecuniary and non-pecuniary damage together with any costs and expenses incurred, free of any taxes that may be applicable, with a view to terminating the proceedings pending before the European Court of Human Rights (hereinafter – the Court) in the case of Apars v. Latvia (application no. 31629/07).

The Government undertake to pay the above compensation within three months from the date of notification of the decision/judgment by the Court pursuant to Article 37 of the Convention. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on the amount, as established in the decision (judgment) by the Court. The above sum shall be transferred to the bank account indicated by the applicant.”

“for any other reason established by the Court, it is no longer justified to continue the examination of the application”.

B. Remaining complaints

For these reasons the Court unanimously

Takes note of the terms of the respondent Government ' s declaration and of the modalities for ensuring compliance with the undertakings referred to therein;

Decides to strike the application out of its list of cases in so far as it relates to the complaint under Article 6 § 1 of the Convention concerning the length of proceedings, in accordance with Article 37 § 1 (c) of the Convention;

Declares the remainder of the application inadmissible.

Stanley Naismith Josep Casadevall Deputy Registrar President