Decision of Court (First Section Committee), May 19, 2015 (case DARAVELSKI v. \)

Judge:KOJIC R.
Resolution Date:May 19, 2015
Issuing Organization:Court (First Section Committee)

FIRST SECTION

DECISION

Application no. 48807/08Dragan DARAVELSKIagainst the former Yugoslav Republic of Macedonia

The European Court of Human Rights (First Section), sitting on 19 May 2015 as a Committee composed of:

             Khanlar Hajiyev, President,

             Erik Møse,

             Dmitry Dedov, judges,

and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 25 September 2008,

Having regard to the declaration submitted by the respondent Government on 11 September 2014 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Dragan Daravelski, is both a Macedonian and a Serbian national, who was born in 1956 and lives in Belgrade. He was represented before the Court by Mr R. Kojić, a lawyer practising in Belgrade.

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

The Serbian Government, who had been informed of their right to intervene in the proceedings, under Article 36 § 1 of the Convention, gave no indication that they wished to do so.

The application was communicated to the Government.

THE LAW

After the failure of attempts to reach a friendly settlement, by a letter of 11 September 2014 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by this part of the application. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.

The declaration provided as follows:

“... the Government would hereby like to express – by a way of unilateral declaration – its acknowledgement that in the special circumstances of the present case, [it] did not fulfil the requirements of the applicant’s rights protected by Article 6 § 1 of the Convention. Consequently, the Government is prepared to pay the global sum of 1,530 EUR to Dragan Daravelski. In its view, this amount would constitute adequate redress and sufficient compensation for the violation of Article 6 § 1 that the domestic proceedings lasted unreasonably long, and thus a reasonable sum as to quantum in the present case in the light of the Court’s case law. This sum is to cover any pecuniary and non-pecuniary damage, as well as the costs and expenses and will be free of any taxes that may be applicable. This sum will be payable to the...

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