FIRST SECTION

DECISION

Application no . 31268/14 Neat EMINOV against the former Yugoslav Republic of Macedonia

The European Court of Human Rights (First Section), sitting on 23 May 2017 as a Committee composed of:

Krzysztof Wojtyczek, President , Armen Harutyunyan, Jovan Ilievski, judges,

and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 14 April 2014,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Neat Eminov , who was a Macedonian national, was born in 1959 and died in 2015. His son, Mr Smail Ametov (“the applicant ’ s heir”) applied to continue the application in his name and designated the same counsel to represent him, notably the European Roma Rights Center from Budapest.

The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov .

The applicant complained under Articles 2 and 13 of the Convention about the death of his son R.A. (brother of the applicant ’ s heir) two days after he had been admitted to Gevgelija prison to serve a prison sentence related to his criminal conviction .

On 3 March and 4 April 2017 the Court received friendly settlement declarations signed by the parties under which the applicant ’ s heir agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 9,000 euros to cover any non-pecuniary damage, which will be converted into the national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It 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 this sum within the said three-month period, the Government undertook 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 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 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 15 June 2017 .

             Renata Degener Krzysztof Wojtyczek              Deputy Registrar President