THIRD SECTION
DECISION
Application no. 14890/11
Adam Movletovich BAKHAYEV
against Russia
The European Court of Human Rights (Third Section), sitting on 12 September 2017 as a Committee composed of:
Branko Lubarda, President,
Pere Pastor Vilanova,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 11 February 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Adam Movletovich Bakhayev, is a Russian national, who was born in 1944 and lives in Groznyy. He was represented before the Court by Mr I.Y. Timishev, a lawyer practising in Nalchik.
The Russian Government ("the Government") were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.
The applicant complained under Article 6 § 1 and 13 of the Convention about the non‑enforcement of domestic judgments imposing obligations in kind on domestic authorities and the lack of an effective domestic remedy. The applicant also complained about the quashing by way of supervisory review of a final domestic judgment in his favour.
On 27 March 2017 and 29 March 2017 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 2,000 euros to cover any non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant. This sum will be will be converted into Russian roubles at the rate applicable on the date of payment, and 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.
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 5 October 2017.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
Full & Egal Universal Law Academy