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V.Z. AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

Doc ref: 56649/11 • ECHR ID: 001-145977

Document date: July 1, 2014

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V.Z. AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

Doc ref: 56649/11 • ECHR ID: 001-145977

Document date: July 1, 2014

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 56649/11 V.Z. and Others against the former Yugoslav Republic of Macedonia

The European Court of Human Rights ( First Section ), sitting on 1 July 2014 as a Committee composed of:

Linos-Alexandre Sicilianos, President ,

Mirjana Lazarova Trajkovska ,

Ksenija Turković , judges ,

and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 2 September 2011 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

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

The applicants complained under Article 8 of the Convention that pending the judicial proceedings concerning the first and second applicants ’ parental rights on the third applicant, the latter had been placed in an orphanage and the first and second applicants had been prevented from seeing her. The application was communicated to the Government.

On 2 May 2014 the Court received a fri endly- settlement declaration , dated 17 April 2014 and signed by the parties . The declaration provided as follows:

“the Government... and the applicant ’ s representative... have now reached the following friendly settlement, on the basis of respect for human rights, as defined in [the Convention], in order to terminate the proceedings before [the Court] that originated in application no. 56649/11, lodged by [the applicants].

1. The Government will pay, ex gratia, the sum of 1,500 euros to each applicant . This sum is to cover any pec uniary and non-pecuniary damage and legal costs and expenses. This sum will be converted into Macedonian denars at the rate applicable on the date of payment. Execution of payment will take place within three months from the date of notification of t he Court ’ s [decision] striking the case out of its list of cases .

2. The Governm ent and the applicants undertake not to request the reference of the case to the Grand Chamber under Article 43 § 1 of the Convention after the delivery of the Court ’ s [decision] . ”

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.

André Wampach Linos -Alexandre Sicilianos              Deputy Registrar President

Appe ndix

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