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Written by admin
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Thursday, 18 October 2007 |
The European Court of Human Rights by its decision of 7the of June of 2007 struck out the application no. 18496/04 (Tchghlyan v Armenia) from the list of cases pending before the Court as the applicant has signed the agreement with the Government on the friendly settlement of the case. This case was taken to strategic litigation within the framework of the programme of "Strategic Litigation in Caucasus" funded by the Ministry of Foreign Affairs of the Netherlands. In this case the applicant complained under Article 1 of Protocol No. 1 that the deprivation of his property was unlawful, that the amount of compensation was not properly calculated and that he had to pay 10% income tax on the amount of compensation awarded. The applicant also complained under Articles 6 § 1 of the Convention that he was placed at a significant disadvantage vis-à-vis his opponent and under Article 13 of the Convention that he did not have an effective remedy. On 9 January 2007 the case was communicated to the Government. By a letter of 16 March 2007 the Government informed the Court that they were willing to reach a friendly settlement with the applicant and that they were in the process of negotiating the terms of such settlement. The Government requested two months to finalize these terms. By a letter of 16 March 2007 the applicant’s representative informed the Court of the same. On 12 April 2007 the applicant signed an agreement with the Government on the friendly settlement of the case. According to this agreement, the Government undertook to pay the applicant by 23 April 2007 the sum of USD 150,000 (one hundred fifty thousand). The applicant in return agreed to withdraw his complaints lodged with the Court. By a letter of 20 April 2007 the applicant informed the Court that the Government had met all their obligations under this agreement. He wished to withdraw his application lodged with the Court and requested the Court to strike it out of its list of cases. The Court takes note of the friendly settlement reached between the parties and finds that the matter has been resolved at the domestic level and that the applicant does not intend to pursue his application (Article 37 § 1 (a) and (b)). Furthermore, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which would require the continued examination of the application (Article 37 § 1 in fine of the Convention). You can download the text of the decison in English or non official translation in Armenian. |
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Last Updated ( Saturday, 12 January 2008 )
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