THIRD SECTION
DECISION
Application no. 22134/08
Abakar Aliyevich ALIYEV
against Russia
The European Court of Human Rights (Third Section), sitting on 21 February 2017 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 6 March 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Abakar Aliyevich Aliyev, was a Russian national, who was born in 1938 and lived in Makhachkala. He was represented before the Court by Mr S.A. Sheykhov, a lawyer practising in Makhachkala.
On 22 July 2015 the applicant died and his widow, Mrs K. D. Aliyeva, expressed her wish to continue the proceedings before the Court.
On 20 September 2016 the Court granted Mrs K. D. Aliyeva’s request to pursue the application in the late applicant’s stead.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation to the European Court of Human Rights.
The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention about the non-enforcement of the final domestic judgment in his favour and its subsequent quashing by way of supervisory review.
On 20 October 2016 and 28 October 2016 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Russia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 5,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said 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 LAW
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 reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.
The Court’s present ruling is without prejudice to any decision it might take to restore, pursuant to Article 37 § 2 of the Convention, the present application to the list of cases (see E.G. and Others v. Poland and 175 other Bug River applications (dec.), nos. 50425/99 and 175 others, § 29, ECHR 2008 (extracts)).
For these reasons, the Court, unanimously,
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 16 March 2017.
Fatoş AracıLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy