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ETROPOLSKI AND OTHERS v. BULGARIA

Doc ref: 37086/16;65495/16;73516/16 • ECHR ID: 001-213623

Document date: October 21, 2021

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ETROPOLSKI AND OTHERS v. BULGARIA

Doc ref: 37086/16;65495/16;73516/16 • ECHR ID: 001-213623

Document date: October 21, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 37086/16 Boris Traykov ETROPOLSKI against Bulgaria and 2 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 21 October 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 above applications lodged on the various dates indicated in the appended table,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by V. Stoyanov, a lawyer practising in Pazardzhik.

The applicants’ complaints under Article 3 of the Convention concerning the conditions in which they have been serving their life-imprisonment sentences were communicated to the Bulgarian Government (“the Government”).

The Court received the 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, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts would be converted into Bulgarian levs at the rate applicable at the date of payment and will 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 undertake 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 will constitute the final resolution of the cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 the Protocols thereto and finds no reasons 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.

Done in English and notified in writing on 18 November 2021.

{signature_p_2}

Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(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 declaration

Amount awarded for any and all damage and costs and expenses

per applicant

(in euros) [1]

37086/16

23/06/2016

Boris Traykov ETROPOLSKI

1979Stoyanov Valeri Stoyanov

Pazardzhik

26/07/2021

27/01/2021

9,000

65495/16

10/11/2016

Ivan Yankov DRAGANOV

1975Stoyanov Valeri Stoyanov

Pazardzhik

26/07/2021

27/01/2021

7,000

73516/16

01/11/2016

Dimitar Petrov GEORGIEV

1965Stoyanov Valeri Stoyanov

Pazardzhik

26/07/2021

02/03/2021

10,000

[1] Plus any tax that may be chargeable to the applicants.

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