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FOURTH
SECTION
DECISION
Application no.
15077/06
Marieta Dimova KARADIMOVA against Bulgaria
and
10 other applications
(see list appended)
The
European Court of Human Rights (Fourth Section), sitting on 10 May
2012 as a Committee composed of:
Päivi
Hirvelä, President,
Ledi
Bianku,
Nebojša
Vučinić, judges,
and
Fatoş Aracı, Deputy
Section Registrar,
Having
regard to the applications listed in the table below, communicated as
part of the group of Karadimova (II) and 12 other applications (no.
15077/06 and others),
Having
regard to the pilot judgment in the cases of Dimitrov and Hamanov
v. Bulgaria, nos. 48059/06 and 2708/09, § 133, 10 May
2011,
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 table below. Some of the applicants were legally
represented. The legal representatives involved were Ms K. Yaneva,
Mr A. Atanasov, Ms G. Chernicherska, Mr M. Ekimdzhiev,
Ms K. Boncheva, Mr Z. Vasilev, Ms T. Andonova and Mr Y.
Yordanov. The Bulgarian Government (“the Government”)
were represented by their Agent, Ms M. Kotzeva, 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 attached table.
On 19
September 2011 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 concerning the lack of
effective remedies in relation to the length.
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 ex gratia sums,
which will cover any and all damage, as well as costs and expenses,
and would be free of any taxes that may be applicable, to be
converted into the national currency of the respondent State at the
rate applicable on the day 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. This
payment would constitute the final resolution of the cases.
The
Court takes note of the friendly settlement 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 (Article 37 § 1 in fine of the Convention).
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.
Fatoş Aracı Päivi Hirvelä
Deputy
Registrar President
|
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.
|
15077/06
|
02/03/2006
|
Marieta
Dimova KARADIMOVA
1964
Karlovo
|
February 1999 –
02/02/2006 (the date on which the Regional Court’s
judgment of 17/01/2006 entered into force)
|
Criminal
proceedings for a breach of official duties of an enforcement
judge
|
7 years (3 levels of jurisdiction)
|
Art. 6 §
1 (length of proceedings)
|
15 November 1011
|
28 March 2012
|
1,200
|
|
2.
|
29896/06
|
13/07/2006
|
Edouard
Mint KAYN
1973
Sofia
|
29/03/1994 –
15/05/2006
|
Criminal proceedings for hostage-taking
|
12 years and 1 month (2 levels of jurisdiction)
|
Art.
6 § 1 (length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
|
9 October 2011
|
30 March 2012
|
6,100
|
|
3.
|
35480/06
|
17/08/2006
|
Dimitur
Atanasov KRASTEV
1967
S. Stryama
|
18/04/1995 –
20/02/2006
|
Criminal proceedings for a theft
|
10 years and 10
months (1 level of jurisdiction)
|
Art.
6 § 1 (length of proceedings)
Art. 13 (lack
of effective remedies in respect of length)
|
17 November 2011
|
28 March 2012
|
4,500
|
|
4.
|
36779/06
|
30/08/2006
|
Andon
Marinov OGNYANOV
1978
Stryama
|
March 1997 –
14/03/2006
|
Criminal
proceedings for a theft
|
9 years (1 level of jurisdiction)
|
Art.
6 § 1 (length of proceedings)
Art. 13 (lack
of effective remedies in respect of length)
|
17 November 2011
|
28 March 2012
|
4,100
|
|
5.
|
36785/06
|
06/09/2006
|
Roumen
Hristov HRISTOV
1953
Varna
Pavlina
Mincheva HRISTOVA
1953
Varna
Zhasmina
Mincheva BONOVA
1957
Varna
|
August 1995 (for
the first applicant) and 23/04/1999 (for the second and third
applicants) – 13/03/2007 (date of
the final judgment as indicated by the applicants)
|
Criminal proceedings for a financial fraud
|
11 years and 6
months for the first applicant and 7 years and 10 months for the
second and third applicants (3 levels
of jurisdiction)
|
Art.
6 § 1 (length of proceedings)
Art.
13 (lack of effective remedies in
respect of length)
|
17 November 2011
|
28 March 2012
|
4,100
(jointly to first and
second applicant)
1,200 (third applicant)
|
|
6.
|
43648/06
|
19/10/2006
|
Maria
Metodieva ABRASHEVA
1964
Plovdiv
|
05/11/1999 –
16/10/2006
|
Criminal
proceedings for death as a result of alleged medical negligence
|
6 years and 11 months (2 levels of jurisdiction)
|
Art.
6 § 1 (length of proceedings)
Art. 13 (lack
of effective remedies in respect of length)
|
19 October 2011
|
28 March 2012
|
2,500
|
|
7.
|
178/07
|
20/12/2006
|
Georgi
Dobrev DOBREV
1969
Plovdiv
|
29/10/1996 –
26/06/2006 (the date of outgoing stamp of the Regional Public
Prosecutor’s decision to terminate the proceedings plus 7
days for lodging an appeal against it; no proof presented as to
the date on which the decision was served on the applicant)
|
Criminal proceedings for a breach of official
duties of bank officers
|
9 years and 7
months (1 level of jurisdiction)
|
Art.
6 § 1 (length of proceedings)
Art.
13 (lack of effective remedies in
respect of length)
|
17 November 2011
|
28 March 2012
|
5,000
|
|
8.
|
9509/07
|
28/11/2006
|
Yanko
Zdravkov ANGELOV
1978
Plovdiv
|
25/11/1997 –
09/06/2006
|
Criminal proceedings for a theft
|
8 years and 6 months (1 level of jurisdiction)
|
Art. 6 §
1 (length of proceedings)
|
9 November 2011
|
28 March 2012
|
5,300
|
|
9.
|
17653/07
|
29/03/2007
|
Rangel
Vasilev ILIEV
1961
S. Voyvodinovo
|
28/08/1998 (the date of the
applicant’s arrest) – 06/12/2006
|
Criminal
proceedings for a fraud and infliction of a bodily harm as a
result of careless driving
|
8 years and 3 months (1 level of jurisdiction)
|
Art.
6 § 1 (length of proceedings)
Art. 13
(lack of effective remedies in respect of length)
|
11 October 2011
|
28 March 2012
|
3,000
|
|
10.
|
18788/07
|
05/04/2007
|
Anyo
Yordanov AVRAMOV
1963
Gorna
Oryahovitsa
Petar
Milkov BAROV
1969
Ihtiman
Nayden
Dimitrov NEDEV
1963
Gorna
Oryahovitsa
Petar
Minchev PENKOV
1968
S.
Dzhulyunitsa
Georgi
Mihaylov BOZHILOV
1969
Ihtiman
Vladimir
Dimitrov KOPRIVAROV
1971
Ihtiman
Plamen
Vladimirov ALEKSOV
1970
Ihtiman
|
Beginning of the
proceedings – 20/01/1995 for the first applicant;
16/05/1995 for the second applicant; 27/01/1995 for the third and
fourth applicants; 19/01/1995 for the fifth and sixth applicants;
and on an unspecified date in 1995 for the seventh applicant
End of
proceedings in respect of all applicants – 21/10/2006
|
Criminal proceedings for several robberies and
thefts
|
11 years and 9 months in respect of the first,
fifth and sixth applicants, 11 years and 8 months in respect of
the third and fourth applicants, 11 years and 4 months in respect
of the second applicant and about 11 years in respect of the
seventh applicant (1 level of jurisdiction)
|
Art. 6 §
1 (length of proceedings)
|
11 October 2011
|
28 March 2012
|
3,100 per applicant
|
|
11
|
19260/07
|
27/04/2007
|
Krasimir
MIRCHEV
1968
Gabrovo
|
25/06/1997 –
06/11/2006
|
Criminal proceedings for counterfeit of alcohol
excise labels
|
9 years and 4 months (3 levels of jurisdiction)
|
Art.
6 § 1 (length of proceedings)
|
18 October 2011
|
28 March 2012
|
2,400
|
