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FOURTH
SECTION
DECISION
Application no. 17427/07
Darinka MITROVIĆ
against Bosnia
and Herzegovina
The
European Court of Human Rights (Fourth Section), sitting on
10 January 2012 as a Committee composed of:
David
Thór Björgvinsson, President,
Nebojša
Vučinić,
Vincent
A. De Gaetano, judges,
and
Fatoş Aracı, Deputy
Section Registrar,
Having
regard to the above application lodged on 2 April 2007,
Having
regard to the formal declarations accepting a friendly settlement of
the case,
Having
deliberated, decides as follows:
PROCEDURE
- The
applicant, Ms Darinka Mitrović, is a citizen of Bosnia and
Herzegovina who was born in 1961 and lives in Bijeljina. The
Bosnian-Herzegovinian Government (“the Government”) were
represented by their Agent, Ms M. Mijić.
- The
applicant complained under Article 6 of the Convention and Article 1
of Protocol No. 1 to the Convention of the non-enforcement of the
final judgment adopted in her favour against the Republika Srpska by
the Bijeljina First Instance Court on 1 November 2000.
- On
14 March and 20 September 2011 the Court received friendly settlement
declarations signed by the parties under which the applicant agreed
to waive any further claims against Bosnia and Herzegovina in respect
of the facts giving rise to this application against an undertaking
by the Government to pay her 1,000 euros to cover any non-pecuniary
damage as well as costs and expenses, which would be converted into
convertible marks at the rate applicable on the date of payment, and
would be free of any taxes that may be applicable. The sum 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
this sum within the said three-month period, the Government undertook
to pay simple interest on it, 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.
- The
parties, furthermore, agreed that the Government would secure full
enforcement of the domestic judgment under consideration in the
present case in cash within nine months from the date of notification
of the decision taken by the Court pursuant to Article 37 § 1 of
the Convention.
These payments
constituted the final resolution of the case.
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
(Article 37 § 1 in fine of the Convention).
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.
Fatoş
Aracı David Thór Björgvinsson
Deputy
Registrar President
