ILIEV AND OTHERS v. BULGARIA
Doc ref: 70042/17;53537/19;39412/20;39919/20 • ECHR ID: 001-213028
Document date: October 7, 2021
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FOURTH SECTION
DECISION
Application no. 70042/17 Miroslav Petrov ILIEV against Bulgaria and 3 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 7 October 2021 as a Committee composed of:
Armen Harutyunyan, President , Jolien Schukking, Ana Maria Guerra Martins, judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar ,
Having regard to:
the applications lodged on the various dates indicated in the appended table; and
the declaration submitted by the respondent Government requesting the Court to strike the applications out of its list of cases, and the applicants’ replies to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants and their respective representatives is set out in the appended table.
The Bulgarian Government (“the Government”) were given notice of the applicants’ complaints under Articles 3 and 13 of the Convention concerning the allegedly inhuman and degrading conditions of the applicants’ detention and the alleged lack of an effective remedy in that respect.
The Government submitted a unilateral declaration in which they acknowledged the violations of Articles 3 and 13 of the Convention, and offered to pay the applicants the amounts set out in the appended table. On that basis, they invited the Court to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into Bulgarian levs at the rate applicable on the date of payment, and would 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 that three-month period, the Government undertook 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 would constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the Government’s declaration.
THE LAW
In view of the similar subject matter of the applications, it is appropriate to examine them jointly in a single decision.
In the light of the applicants’ express agreement to the terms of the declaration made by the Government, the parties to each of the cases may be considered to have reached a friendly settlement.
The Court takes note of those friendly settlements. It is satisfied that they are based on respect for human rights as defined in the Convention and the Protocols thereto, and finds no reasons justifying the continued examination of the applications.
It is hence appropriate to strike the cases out of the Court’s 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 § 3 of the Convention.
Done in English and notified in writing on 28 October 2021.
{signature_p_2}
Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Articles 3 and 13 of the Convention (allegedly inhuman and degrading conditions of detention and alleged lack of an effective remedy in that respect)
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 acceptance
Amount offered for pecuniary and non-pecuniary damage per applicant (in euros) [1]
Amount offered for costs and expenses per application (in euros) [2]
70042/17
19/09/2017
Miroslav Petrov ILIEV
1982Ivan Radnev
Stara Zagora
12/07/2021
13/08/2021
800
250
53537/19
08/10/2019
Ilia Nikolov DECHEV
1959Valeri Stoyanov
Pazardzhik
12/07/2021
02/08/2021
2,500
250
39412/20
01/09/2020
Ivan Georgiev CHIVCHIBASHIEV
1968Valeri Stoyanov
Pazardzhik
12/07/2021
04/08/2021
3,100
250
39919/20
02/09/2020
Hristo Blagovestov GOTSEV
1979Valeri Stoyanov
Pazardzhik
12/07/2021
04/08/2021
1,000
250[1] Plus any tax that may be chargeable to the applicants
[2] Plus any tax that may be chargeable to the applicants