FIRST SECTION
DECISION
Application no. 4968/05
Vladimir Dmitriyevich DRONOV
against Russia
The European Court of Human Rights (First Section), sitting on 22 September 2015 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 22 November 2004,
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 applicant’s reply to the declaration,
Having deliberated, decides as follows:
THE FACTS AND PROCEDURE
1. The applicant, Mr Vladimir Dmitriyevich Dronov, is a Russian national, who was born in 1941 and lives in Tula.
2. The Russian Government (“the Government”) were represented before the Court by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant complained in particular about a violation of his right to compensation for unlawful detention.
4. The application was communicated to the Government.
5. After unsuccessful friendly-settlement negotiations, by letter dated 15 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 that there was a violation of Article 5 § 5 of the Convention in that the applicant had not obtained compensation for his unlawful detention from 3 to 24 December 1998. They stated their readiness to pay the applicant a sum of 4,860 euros as just satisfaction covering any pecuniary and non-pecuniary damage, as well as costs and expenses. The sum was payable free of any applicable taxes within three months of the date of notification of the decision taken by the Court under Article 37 § 1 of the Convention. In the event of failure to pay within that period, the Government undertook to pay simple interest on the sum 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 Government requested the Court to strike it out of the list of cases in accordance with Article 37 of the Convention.
6. On 16 July 2015, the Court received a letter from the applicant informing the Court that he had accepted the Government’s offer.
THE LAW
7. 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.
8. 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 justifying a continued examination of the application.
9. 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 15 October 2015.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
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