FIRST SECTION
DECISION
Application no. 3028/07
by Valentina Georgiyevna ALESHKOVA
against Russia
The European Court of Human Rights (First Section), sitting on 26 March 2009 as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 28 November 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Valentina Georgiyevna Aleshkova, is a Russian national who was born in 1949 and lives in Syktyvkar, the Komi Republic. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 31 January 2005 the Syktyvkar Town Court of the Komi Republic allowed the applicant's housing claim against the authorities and ordered the Syktyvkar Town Administration to grant her a flat for a family of two members. The judgment became final and enforceable on 24 March 2005, as upheld by the Supreme Court of the Komi Republic.
According to the Government, on 10 December 2008 local authorities allocated a flat to her. Registration of her title to the flat is under way.
COMPLAINT
The applicant complained under Articles 2, 6 and 13 of the Convention about prolonged non-enforcement of the judgment in her favour and about poor quality of the premises she had been living in pending enforcement.
THE LAW
On 14 January 2009 the Court received the following declaration signed by the Government:
“The authorities of the Russian Federation and the applicant, Mrs Aleshkova Valentina Georgiyevna, application no. 3028/07, have now reached the following settlement [ ...]: (a) due to humanitarian considerations and interests of respect of human rights, the authorities of the Russian Federation will pay to the applicant the sum of 1,800 euros. It will be payable within three months after the notification of the decision taken by the Court pursuant to Article 39 of the Convention. The authorities of Russian Federation also guarantee to recover the sums of taxes that the applicant will pay when she will receive the sum. [...] (b) The applicant declares that, subject to the fulfilment of what is stated under (a), she has no further claims against the Russian Federation based on the facts of the application filed by her with the European Court of Human Rights.”
On 19 February 2009 the Court received the same declaration signed by the applicant.
The Court 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 its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Søren NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy