SECOND SECTION
\nDECISION
\nApplication no. 57715\/13
\nRadomir \u0160IKMANOVI\u0106
\nagainst Montenegro<\/p>\n
The European Court of Human Rights (Second Section), sitting on 13\u00a0March 2018 as a Committee composed of:<\/p>\n
Ledi Bianku, President,
\nNeboj\u0161a Vu\u010dini\u0107,
\nJon Fridrik Kj\u00f8lbro, judges,<\/p>\n
and Hasan Bak\u0131rc\u0131, Deputy Section Registrar,<\/p>\n
Having regard to the above application lodged on 21 August 2013,<\/p>\n
Having regard to the declaration submitted by the respondent Government on 15 September 2017 requesting the Court to strike the application out of the list of cases and the applicant\u2019s heirs\u2019 reply to that declaration,<\/p>\n
Having deliberated, decides as follows:<\/p>\n
FACTS AND PROCEDURE<\/strong><\/p>\n The applicant, Mr Radomir \u0160ikmanovi\u0107, was a Montenegrin national, who was born in 1958 and lived in Kotor. The applicant died in the course of the proceedings before the Court.<\/p>\n According to the Court\u2019s case-law when the direct victim dies after the application was lodged with the Court, the applicant\u2019s heirs may pursue the application provided that they have legitimate interest in maintaining the request on behalf of the deceased (see, mutatis mutandis,Ergezen v. Turkey, no. 73359\/10, \u00a7\u00a7 28-30, 8 April 2014). In the present case the applicant\u2019s widow and three children, legal heirs of the applicant, showed such interest which has given them the requisite standing under Article 34 of the Convention to pursue this application.<\/p>\n The Montenegrin Government (\u201cthe Government\u201d) were represented by their Agent, Ms V. Pavli\u010di\u0107.<\/p>\n The applicant complained under Articles 6 \u00a7 1 and 13 of the Convention about the length of the enforcement of the final judgment rendered in his favour on 24 February 2006.<\/p>\n The application had been communicated to the Government on 9\u00a0December 2015.<\/p>\n THE LAW<\/strong><\/p>\n After the failure of attempts to reach a friendly settlement, by a letter of 15 September 2017 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the application. They further requested the Court to strike out the application in accordance with Article\u00a037 of the Convention.<\/p>\n The declaration provided as follows:<\/p>\n \u201c\u00a0I declare that the Government of Montenegro hereby wish to express acknowledgement of the unreasonable duration of the domestic proceedings in which the applicant was involved and are ready to accept that there had been a violation of the applicant\u2019s right\u00a0under Articles 6 \u00a7 1 and 13 of the Convention.<\/p>\n Consequently, the Government are ready to pay to the heirs of late Mr\u00a0Radomir\u00a0\u0160ikmanovi\u0107 – his wife Vesna \u0160ikmanovi\u0107 and children Ivan \u0160ikmanovi\u0107, Luka \u0160ikmanovi\u0107 and Sla\u0111ana Kljajevi\u0107, jointly, the amount of EUR 700 (seven hundred euros) which it considers to be reasonable in the light of the Court\u2019s case\u2011law, less any amounts which may have already been paid in that regard at the domestic level in order to cover any non-pecuniary damage, as well as [the]\u00a0amount of EUR 100 (one hundred euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant in respect of the application registered under no. 57715\/13 before the European Court of Human Rights.<\/p>\n This sum shall be payable within three months from the date of delivery of the decision of the Court to strike the case out of its list of cases, as referred to in Article\u00a037 \u00a7 1 (c) of the Convention.<\/p>\n These payments will constitute the final resolution of the actions.<\/p>\n The Government wish to express regret for the occurrence of the actions which have led to the bringing of the present application.\u201d<\/p>\n By a letter of 18 October 2017, the applicant\u2019s heirs indicated that they were not satisfied with the terms of the unilateral declaration on the ground that the sum proposed in the Government\u2019s declaration was unacceptably low.<\/p>\n The Court reiterates that Article\u00a037 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified, under (a), (b) or (c) of paragraph 1 of that Article. Article\u00a037\u00a0\u00a7\u00a01\u00a0(c) enables the Court in particular to strike a case out of its list if:<\/p>\n \u201cfor any other reason established by the Court, it is no longer justified to continue the examination of the application\u201d.<\/p>\n It also reiterates that in certain circumstances, it may strike out an application under Article\u00a037\u00a0\u00a7\u00a01\u00a0(c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued.<\/p>\n To this end, the Court has examined the declarationin the light of the principles emerging from its case-law, in particular the Tahsin Acar judgment (Tahsin Acar v. Turkey (preliminary objections) [GC], no.\u00a026307\/95, \u00a7\u00a7 75-77, ECHR 2003-VI; Sulwi\u0144ska v. Poland (dec.), no.\u00a028953\/03, 18\u00a0September\u00a02007; and WAZA Sp. z o.o. v. Poland (dec.), no.\u00a011602\/02, 26\u00a0June\u00a02007).<\/p>\n The Court has established in a number of cases, including those brought against Montenegro, its practice concerning complaints about the non\u2011enforcement or the delayed enforcement of final domestic judgments (see, for example, Vukeli\u0107 v. Montenegro, no. 58258\/09, \u00a7\u00a7 98-102, 4\u00a0June\u00a02013, and Jovovi\u0107 v. Montenegro, no. 46689\/12, \u00a7\u00a7 40-44, 18\u00a0July\u00a02017).<\/p>\n Having regard to the nature of the admissions contained in the Government\u2019s declaration, as well as the amount of compensation proposed \u2013 which is consistent with the amounts awarded in similar cases \u2013 the Court considers that it is no longer justified to continue the examination of the application (Article\u00a037\u00a0\u00a7\u00a01\u00a0(c)).<\/p>\n Moreover, in light of the above considerations, and in particular given the clear and extensive case-law on the topic, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 \u00a7 1 in fine).<\/p>\n Further, the Court interprets the Government\u2019s declaration as meaning that in the event of failure to settle within the three-month period indicated in this declaration, simple interest shall be payable on the amounts in question at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points.<\/p>\n Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application could be restored to the list in accordance with Article\u00a037 \u00a7 2 of the Convention (Josipovi\u0107 v. Serbia (dec.), no. 18369\/07, 4\u00a0March 2008).<\/p>\n In view of the above, it is appropriate to strike the case out of the list.<\/p>\n For these reasons, the Court, unanimously,<\/p>\n Takes note of the terms of the respondent Government\u2019s declaration under Articles 6\u00a0\u00a7\u00a01 and 13 of the Convention and of the modalities for ensuring compliance with the undertakings referred to therein;<\/p>\n Decides to strike the application out of its list of cases in accordance with Article\u00a037\u00a0\u00a7\u00a01\u00a0(c) of the Convention.<\/p>\n Done in English and notified in writing on 5 April 2018.<\/p>\n Hasan Bak\u0131rc\u0131\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Ledi Bianku
\nDeputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n