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LAKO AND OTHERS v. ALBANIA

Doc ref: 48693/08;72462/11;30946/12 • ECHR ID: 001-159392

Document date: November 17, 2015

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LAKO AND OTHERS v. ALBANIA

Doc ref: 48693/08;72462/11;30946/12 • ECHR ID: 001-159392

Document date: November 17, 2015

Cited paragraphs only

FIRST SECTION

DECISION

Application no 48693/08 Artan LAKO against Albania and 2 other applications (see list appended)

The European Court of Human Rights (First Section), sitting on 17 November 2015 as a committee composed of:

Aleš Pejchal, President, Ledi Bianku, Armen Harutyunyan, judges, and André Wampach, Deputy Section Registrar ,

Having regard to the above applications,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The Albanian Government (“the Government”) were represented by their Agent, Ms A. Hicka of the State Advocate ’ s Office.

The applicants complained under Article 6 § 1 of the Convention about the length of the criminal proceedings (applications nos. 48693/08 and 72462/11) and the length of civil proceedings (application no. 30946/12).

As regards application no. 48693/08, on 22 June and 16 September 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to pay him EUR 1,200 (one thousand two hundred euros) to cover any and all non-pecuniary damage as well as costs and expenses.

As regards application no. 72462/11, on 12 August and 16 September 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to pay him EUR 900 (nine hundred euros) to cover any and all non-pecuniary damage as well as costs and expenses.

As regards application no. 30946/12, on 20 July and 16 September 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to pay her EUR 1,400 (one thousand four hundred euros) to cover any and all non-pecuniary damage as well as costs and expenses.

According to the friendly settlement declarations, the above awards will be converted into the local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. They 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 those sums within the said three-month period, the Government undertakes 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 above payments will constitute the final resolution of the cases.

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 applications. In view of the above, it is appropriate to strike the case s out of the 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 of the Convention.

Done in English and notified in writing on 10 December 2015 .

             André Wampach AleÅ¡ Pejchal Deputy Registrar President

APPENDIX

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

Represented by

48693/08

26/09/2008

Artan LAKO

Fier

None

72462/11

28/09/2011

Bardhyl IBRA

13/05/1951

Elbasan

None

30946/12

20/04/2012

Gerta XHAFERI

23/12/1980

Tirana

Suela MENERI

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