FOURTH SECTION

DECISION

Application no. 57625/19 Nerkesa ZIJADIĆ against Bosnia and Herzegovina

(s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 8 April 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 above application lodged on 8 January 2020 ,

Having regard to the formal declaration s 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 ’ s complaints concerning the lawfulness of her detention in a social care home were communicated to the Government of Bosnia and Herzegovina (“the Government”) under Article 5 § 1 of the Convention (see Hadžimejlić and Others v. Bosnia and Herzegovina , nos. 3427/13 and 2 others, 3 November 2015).

The Court received the friendly-settlement declaration, signed by the parties, under which the applicant agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to this application, subject to an undertaking by the Government to secure that the necessity of her continued placement in the social care home is examined by the competent court without further delay and to pay her the amount indicated in the appended table. This amount 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 this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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 and judicial review of the lawfulness of the applicant ’ s detention 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 29 April 2021 .

Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 5 § 1 of the Convention

( lawfulness of detention in a social care home)

Application no. Date of introduction

Applicant ’ s name

Year of birth

Date of receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

57625/19

08/01/2020

Nerkesa ZIJADIĆ

1967

11/03/2021

23/02/2021

33,467

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