TSOCHEV AND OTHERS v. BULGARIA
Doc ref: 45334/06, 12365/08, 17291/08, 18539/07, 19739/08, 20271/08, 25115/07, 30315/08, 30718/08, 34003/08, ... • ECHR ID: 001-114802
Document date: October 23, 2012
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FOURTH SECTION
DECISION
Application no . 45334/06 Lyubcho Petrov TSOCHEV against Bulgaria and 13 other applications (see list appended)
The European Court of Human Rights (Fourth Section), sitting on 23 October 2012 as a Committee composed of:
George Nicolaou , President, Ledi Bianku , Vincent A. D e Gaetano , judges, and Fatoş Aracı , Deputy Section Registrar ,
Having regard to the appended applications, communicated as part of the grouped communication Tsochev and 15 other applications v. Bulgaria (no. 45334/06 and others),
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
The applicants are Bulgarian nationals whose names and dates of birth are specified in the appended table. Some of the applicants were legally represented. The legal representatives involved were Mr A. Atanasov , Ms G. Chernicherska , Mr K. Bakov , Mr V. Stoyanov . Mr M. Ekimdzhiev , Ms K. Boncheva , Mr D. Mitkov , Ms S. Vasileva , Ms S. Raycheva , Ms D. Tsoncheva and Mr D. Kolev . The Bulgarian Government (“the Government”) were represented by their Agent, Ms M. Dimova , of the Ministry of Justice.
The essential information as to the length of the proceedings in which the applicants were involved is indicated in the appended table.
On 26 March 2012 the President of the Fourth Section decided to communicate the applicants ’ complaints under Article 6 § 1 of the Convention concerning the length of criminal proceedings and in some cases the complaints under Article 13 of the Convention concerning the lack of effective remedies in relation to the length of the proceedings.
THE LAW
The Court considers that in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their common legal background.
On various dates (see table below) the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Bulgaria in respect of the facts giving rise to these applications against an undertaking by the Government to pay them sums, which will cover any and all damage, as well as costs and expenses, where applicable, plus any tax that may be chargeable, to be converted into the national currency of the respondent State at the rate applicable on the date of payment. The sums would be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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. These payments would constitute the final resolution of the cases.
The Court takes note of the friendly settlements reached between the parties. It is satisfied that the settlements are based on respect for human rights as defined in the Convention and its Protocols and finds no reason to justify a continued examination of the applications. In view of the above, it is appropriate to strike the cases 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.
Fatoş Aracı George Nicolaou Deputy Registrar President
Appendix
No.
Application no.
Lodged on
Applicant ’ s name, year of birth, place of residence
Beginning and end of the domestic proceedings
Subject matter of domestic proceedings
Length of proceedings and instances concerned
Communicated complaints
Date of applicant friendly settlement declaration
Date of Government ’ s friendly settlement declaration
Friendly settlement sums
(in euros )
1.
45334/06
31/10/2006
Lyubcho Petrov TSOCHEV
20/12/1950
Plovdiv
22/04/1999 – 18/05/2006
(date on which the first-instance court judgment became final)
Criminal proceedings for embezzlement
7 years (one level of jurisdiction)
Art. 6 § 1
(length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
17 May 2012
20 September 2012
2,000
2.
48595/06
30/10/2006
Krasimir Borisov SLAVCHEV
19/10/1970
Plovdiv
Dimitar Asenov KOSTADINOV
03/10/1969
Plovdiv
Rashko Mitkov KOSTADINOV
04/08/1964
Plovdiv
07/09/1992 ratification of the Convention by Bulgaria (for the first and second applicant)
24/10/2000 (for the third applicant)
Until 26/05/2006 (discontinuation)
Criminal proceedings for theft
13 years and 8 months (one level of jurisdiction) for the first and second applicants
5 years and 7 months (one level of jurisdiction) for the third applicant
Art. 6 § 1
(length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
23 May 2012
20 September 2012
4,200 for the first applicant
4,300 jointly to second and third applicants
3.
18539/07
11/04/2007
Atanas Ivanov TODOROV
06/07/1977
Stryama
11/07/1995 – 6/11/2006
(out of court agreement)
Criminal proceedings for theft
11 years and 3 months (one level of jurisdiction)
Art. 6 § 1
(length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
21 May 2012
20 September 2012
2,900
4.
25115/07
02/05/2007
Velichko Grozdanov DIMITROV
02/11/1971
Ognyanovo
26/09/1996 – 2/11/2006
Criminal proceedings for rape
10 years and 1 month (two levels of jurisdiction)
Art. 6 § 1
(length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
21 May 2012
20 September 2012
1,500
5.
55398/07
28/11/2007
Vasil Kamenov MIHAYLOV
25/02/1978
Kremikovtsi
Milcho Milchev KRASTEV
25/07/1976
Kremikovtsi
1/10/1996 – 4/06/2007
Criminal proceedings for murder
10 years and 8 months (three levels of jurisdiction)
Art. 6 § 1
(length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
17 May 2012
20 September 2012
2,750 per applicant
6.
7835/08
12/12/2007
Orlin Todorov LILKOV
21/12/1958
Elin Pelin
1/10/2001 – 14/06/2007 (discontinuation)
Criminal proceedings for breach of official duties
5 years and 8 months (pre-trial proceedings)
Art. 6 § 1
(length of proceedings)
11 May 2012
20 September 2012
1,500
7.
7951/08
28/12/2007
Vasil Todorov VASILEV
07/08/1967
Sliven
28/04/2001 (date when officially informed of charges) – 9/7/2007
Criminal proceedings for breach of official duties
6 years and 2 months (three levels of jurisdiction)
Art. 6 § 1
(length of proceedings)
14 May 2012
20 September 2012
450
8.
12365/08
09/01/2008
Vasil Marinov KALCHEV
16/12/1972
Gurmazovo
19/04/1999 – 14/11/2007
(out of court agreement)
Criminal proceedings for theft
8 years and 6 months (one level of jurisdiction)
Art. 6 § 1
(length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
22 May 2012
20 September 2012
2,500
9.
17291/08
04/02/2008
Ventsislav Stoyanov DINCHEV
01/07/1977
Pazardzhik
19/05/1999 – 29/02/2008
(out of court agreement)
Criminal proceedings for theft
8 years and 9 months (one level of jurisdiction)
Art. 6 § 1
(length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
3 May 2012
20 September 2012
2,500
10.
19739/08
25/03/2008
Yuliy Krumov EFREMOV
21/07/1935
Sofia
19/11/1993 – 23/11/2007
(date on which the discontinuation decision entered into force)
Criminal proceedings for embezzlement
14 years (one level of jurisdiction)
Art. 6 § 1
(length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
23 May 2012
20 September 2012
5,500
11.
20271/08
13/03/2008
Stanislav Ivanov KRASTEV
01/12/1975
Pazardzhik
Milan Ivanov
KRASTEV
20/06/1970
Pazardzhik
23/07/1997
(first applicant)
3/11/1997
(second applicant )
Until:
Pending as of 26/09/2008 (applicants ’ last correspondence to the Court)
Criminal proceedings for theft
11 years and 2 months (one level of jurisdiction) for the first applicant
10 years and 10 months (one level of jurisdiction) for the second applicant
Art. 6 § 1
(length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
15 May 2012
20 September 2012
2,500
jointly
12.
30315/08
21/05/2008
Stoyan Yordanov PETROV
24/09/1953
Sofia
30/04/1996 – 29/11/2007
(date on which the first-instance court judgment became final)
Criminal proceedings for fraud
11 years and 7 months
(one level of jurisdiction)
Art. 6 § 1
(length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
21 May 2012
20 September 2012
5,900
13.
30718/08
3/05/2008
Lilyana Petrova
KRIVENCHEVA
25/10/1942
Plovdiv
04/04/1995 – 14/02/2008
Criminal proceedings for breach of official duties
12 years and 10 months (three levels of jurisdiction)
Art. 6 § 1
(length of proceedings)
17 May 2012
20 September 2012
4,200
14.
34003/08
27/05/2008
Kostadin Nikolov
BAHCHEVANSKI
27/06/1941
Plovdiv
01/03/1994 – 27/12/2007
Criminal proceedings for issuing a false official document
13 years and 9 months (three levels of jurisdiction)
Art. 6 § 1
(length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
8 May 2012
20 September 2012
3,500