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RAJIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA

Doc ref: 14430/14 • ECHR ID: 001-177455

Document date: September 5, 2017

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RAJIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA

Doc ref: 14430/14 • ECHR ID: 001-177455

Document date: September 5, 2017

Cited paragraphs only

FOURTH SECTION

DECISION

Application no . 14430/14 Dražen RAJIĆ and others against Bosnia and Herzegovina

The European Court of Human Rights ( Fourth Section ), sitting on 5 September 2017 as a Committee composed of:

Carlo Ranzoni, President, Faris Vehabović, Péter Paczolay, judges,

and Andrea Tamietti , Deputy Section Registrar ,

Having regard to the above application lodged on 5 December 2017 ,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. A list of the applicants is set out in the appendix.

2. The Government of Bosnia and Herzegovina (“the Government”) were represented by their Agent at the time, Ms M. Mijić, and subsequently by Ms. S. Malešić, Deputy Agent.

3. The applicants complained under Article 6 § 1 of the Convention about the length of civil proceedings.

4. On 9 June 2015 and 22 May 2017 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to this application against an undertaking by the Government to pay them jointly EUR 4,200 (four thousand two hundred euros) to cover any and a ll non-pecuniary damage and EUR 500 (five hundred euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicants. These sums will be converted into national currency at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said 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 will constitute the final resolution of the case.

5. The Government, furthermore, declared that it would ensure that all necessary steps would be taken to allow the domestic proceedings under consideration in this case to be concluded as speedily as possible, taking into account the requirements of the proper administration of justice.

THE LAW

6. 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 its Protocols 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 28 September 2017 .

Andrea Tamietti Carlo Ranzoni Deputy Registrar President

Appendix

N o .

First and last name

Birth date

Nationality

Place of residence

Representative

Dražen RAJIĆ

19/05/1988

Bosnia and Herzegovina

Zvornik

S. Poropat

Aleksandar RAJIĆ

02/02/1988

Bosnia and Herzegovina

Zvornik

S. Poropat

Rajko RAJIĆ

17/03/1947

Bosnia and Herzegovina

Pale

S. Poropat

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