THIRD SECTION
DECISION
Application no. 59355/10
Rauf Abbas Ogly ABUTALYBOV
against Russia
The European Court of Human Rights (Third Section), sitting on 30 June 2016 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 2 August 2010,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The relevant details of the application are set out in the appended table.
The applicant’s complaint under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention was communicated to the Russian Government (“the Government”).
THE LAW
The Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by this complaint. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
The Government acknowledged the excessive length of pre-trial detention. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it, from the 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 payment will constitute the final resolution of the case.
The applicant did not accept the terms of the unilateral declaration.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“for any other reason established by the Court, it is no longer justified to continue the examination of the applications”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see the principles emerging from the Court’s case-law, and in particular the Tahsin Acar v. Turkey (preliminary objections) ([GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI)).
The Court has established clear and extensive case-law concerning complaints relating to the excessive length of pre-trial detention (see, for example, Dirdizov v. Russia, no. 41461/10, 27 November 2012).
Noting the admissions contained in the Government’s declaration as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)).
In the light of the above considerations, 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 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Takes note of the terms of the respondent Government’s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 21 July 2016.
Hasan BakırcıHelena Jäderblom
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth /
Date of registration
Representative name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s comments, if any
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
(in euros)[i]
59355/10
02/08/2010
Rauf Abbas Ogly ABUTALYBOV
21/03/1978
Anikina Natalya Anatolyevna
Moscow
02/02/2016
08/06/2016
1,350
[i] Plus any tax that may be chargeable to the applicant.
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