THIRD SECTION
DECISION
Application no. 54929/08
Igor Aleksandrovich ANTUFYEV
against Russia
The European Court of Human Rights (Third Section), sitting on 15 March 2016 as a Committee composed of:
Helen Keller, President,
Johannes Silvis,
Alena Poláčková, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 18 July 2008,
Having regard to the declaration submitted by the respondent Government on 6 May 2015 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Igor Aleksandrovich Antufyev, is a Russian national, who was born in 1971 and is detained in Tyumen (Tyumen region).
The Russian Government (“the Government”) were represented by Mr G. Matyuskin, Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 5 § 4 of the Convention that on 31 August 2007 his detention was extended in his and his lawyer’s absence and that they had not been duly informed of the date of this hearing.
The application was communicated to the Government.
By letter dated 6 May 2015 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.
They acknowledged a violation of the applicant’s rights guaranteed by Article 5 § 4 of the Convention. They undertook to pay the applicant 2 500 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Russian roubles at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. The payment would be effected 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 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 would constitute the final resolution of the case. They further requested the Court to strike out the application.
On 15 July 2015, the Court received a letter from the applicant informing the Court that he was satisfied with the terms of the Government’s declaration.
THE LAW
The Court finds that following the applicant’s express agreement 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 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.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases pursuant to Article 39 of the Convention.
Done in English and notified in writing on 7 April 2016.
Marialena TsirliHelen Keller
Deputy RegistrarPresident
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