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GEORGIEV AND OTHERS v. BULGARIA
Doc ref: 46217/19;46218/19;46488/19;49374/19;58955/19 • ECHR ID: 001-213029
Document date: October 7, 2021
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GEORGIEV AND OTHERS v. BULGARIA
Doc ref: 46217/19;46218/19;46488/19;49374/19;58955/19 • ECHR ID: 001-213029
Document date: October 7, 2021
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 46217/19 Krasimir Vasilev GEORGIEV against Bulgaria and 4 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 those 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 to justify 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 non-pecuniary damage per applicant (in euros) [1]
Amount offered for costs and expenses per application (in euros) [2]
46217/19
27/08/2019
Krasimir Vasilev GEORGIEV
1981Valeri Stoyanov
Pazardzhik
26/07/2021
03/08/2021
6,100
250
46218/19
27/08/2019
Dzhamal Gyunerov ALIKOV
1984Valeri Stoyanov
Pazardzhik
26/07/2021
12/08/2021
2,000
250
46488/19
27/08/2019
Temelko Todorov KUZMANOV
1974Valeri Stoyanov
Pazardzhik
26/07/2021
03/08/2021
4,700
250
49374/19
09/09/2019
Petar Ivanov KANEV
1975Stanislava Georgieva
Blagoevgrad
26/07/2021
13/08/2021
750
250
58955/19
01/11/2019
Petar Emilov POPOV
1983Valeri Stoyanov
Pazardzhik
26/07/2021
10/08/2021
2,600
250[1] Plus any tax that may be chargeable to the applicants
[2] Plus any tax that may be chargeable to the applicants
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