THIRD SECTION
DECISION
Application no. 5898/13
Pavel Yuryevich ALAYEV
against Russia
The European Court of Human Rights (Third Section), sitting on 21 January 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 29 December 2012,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the reply to this declaration submitted by the applicant’s heir,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr I.N. Sholokhov, a lawyer practising in Kazan.
The applicant’s complaints under Articles 3 and 13 of the Convention concerning the ill-treatment in State custody were communicated to the Russian Government (“the Government”). On 17 November 2016 the applicant died. The applicant’s widow, Ms Irina Sergeyevna Alayeva, informed the Court that she wished to pursue the application in her late husband’s stead.
The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.
The Government acknowledged the ill-treatment in State custody. They offered to pay the applicant’s heir, Ms Irina Sergeyevna Alayeva, 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’s heir informed the Court that she agreed to the terms of the declaration.
THE LAW
The Court takes note of Mr Alayev’s death and of the wish of his widow, Ms Alayeva, to pursue the proceedings.
The Court finds that, following the express agreement of the applicant’s heir to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore 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 the Protocols thereto and finds no reasons to justify the continued examination of the application
In view of the above, it is appropriate to strike the case out of the list in accordance with Article 39 of the Convention.
For these reasons, the Court, unanimously,
Decides that Ms Irina Sergeyevna Alayeva has standing to continue the proceedings in her late husband’s stead;
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 11 February 2021.
Liv TigerstedtDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Articles 3 and 13 of the Convention
(ill-treatment in State custody)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
5898/13
29/12/2012
Pavel Yuryevich ALAYEV
Born: 1978
Deceased: 2016
heir:
Irina Sergeyevna ALAYEVA
1981
Sholokhov Igor Nikolayevich
Kazan
14/09/2020
05/10/2020
20,000
[1] Plus any tax that may be chargeable to the applicant.
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