BUYUKLIYSKI AND OTHERS v. BULGARIA
Doc ref: 60361/19;60443/19;64672/19;10841/20;12227/20;12228/20 • ECHR ID: 001-214125
Document date: November 10, 2021
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FOURTH SECTION
DECISION
Application no. 60361/19 Svetoslav Svetoslavov BUYUKLIYSKI against Bulgaria and 5 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 10 November 2021 as a Committee composed of:
Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar ,
Having regard to:
the applications lodged on the various dates indicated in the appended table, and
the declaration submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their respective representatives is set out in the appended table.
The Bulgarian Government (“the Government”) were given notice of the applicants’ complaints under Articles 3 and 13 of the Convention concerning poor conditions of their detention and lack of an effective remedy in that respect.
The Government submitted a unilateral declaration in which they acknowledged the violations under Articles 3 and 13 of the Convention, and offered to pay the applicants the amounts set out in the appended table. On that basis, they invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into Bulgarian levs at the rate applicable on the date of payment and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook 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 payment would constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the Government’s declaration.
THE LAW
In view of the similar subject-matter of the applications, it is appropriate to examine them jointly in a single decision.
In the light of the applicants’ express agreement to the terms of the declaration made by the Government, the parties to each of the cases may be considered to have reached a friendly settlement.
The Court takes note of those friendly settlements. It is satisfied that they are based on respect for human rights as defined in the Convention and the Protocols thereto, and finds no reasons to justify the continued examination of the applications.
It is hence appropriate to strike the cases out of the Court’s list.
For these reasons, the Court, unanimously,
Joins the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 § 3 of the Convention.
Done in English and notified in writing on 2 December 2021.
{signature_p_2}
Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount offered for non-pecuniary damage per applicant
(in euros) [1]
Amount offered for costs and expenses per application
(in euros) [2]
60361/19
12/11/2019
Svetoslav Svetoslavov BUYUKLIYSKI
1981Valeri Stoyanov
Pazardzhik
30/08/2021
15/09/2021
3,600
250
60443/19
07/11/2019
Rangel Yordanov KAVAKOV
1981Valeri Stoyanov
Pazardzhik
30/08/2021
29/09/2021
3,900
250
64672/19
10/12/2019
Dеyan Deyanov ABRASHEV
1994Valeri Stoyanov
Pazardzhik
30/08/2021
10/09/2021
3,100
250
10841/20
18/02/2020
Zlatko Nikolov KOSTOV
1985Valeri Stoyanov
Pazardzhik
30/08/2021
09/09/2021
6,300
250
12227/20
26/02/2020
Ivan Tonkov GEORGIEV
1990Ivan Radnev
Stara Zagora
30/08/2021
16/09/2021
5,700
250
12228/20
26/02/2020
Ivan Atanasov GEORGIEV
1970Ivan Radnev
Stara Zagora
30/08/2021
16/09/2021
1,800
250[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.