FIRST SECTION

DECISION

Application no . 28447/12 Trajan BOŽINOSKI against the former Yugoslav Republic of Macedonia

The European Court of Human Rights (First Section), sitting on 15 November 2016 as a Committee composed of:

Ledi Bianku, President, Linos-Alexandre Sicilianos, Armen Harutyunyan, judges,

and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 4 May 2012,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Trajan Božinoski , is a Macedonian national, who was born in 1990 and lives in Ohrid He was represented before the Court by Mr D. Godžo and Mr A. Godžo , lawyers practising in Ohrid .

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

The applicant complained under Articles 5 and 6 of the Convention about a violation of the principle of adversarial procedure with regard to the extension of his detention.

On 20 June 2016 the Court received friendly settlement declarations signed by the parties under which the applicant 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 1500 (one thousand five hundred) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Macedonian Denars at the rate applicable on the date of payment, and will be free of any taxes that may be applicable, and it will be payable within three months from the date of notification of the decision taken by the Court. 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 8 December 2016.

             Renata Degener Ledi Bianku              Deputy Registrar President