THIRD SECTION
DECISION
Application no. 75639/13
Aleksandr Sergeyevich FOTEYEV
against Russia
The European Court of Human Rights (Third Section), sitting on 19 January 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 25 October 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Aleksandr Sergeyevich Foteyev, is a Russian national, who was born in 1983 and is detained in Ivdel, Sverdlovsk Region.
2. The Russian Government (“the Government”) were represented by their Agent, Mr G. Matyushkin, Representative of the Russian Federation to the European Court of Human Rights.
3. The applicant complained about his lengthy and unreasoned pre-trial detention, the delayed review of his detention and a violation of the presumption of innocence principle during the detention proceedings.
4. On 1 October 2014 the applicant’s complaints were communicated to the Russian Government.
5. On 27 February 2015 the Government submitted a unilateral declaration. They acknowledged that the applicant had been detained from 26 November 2012 to 3 February 2014 without relevant and sufficient reasons in breach of Article 5 § 3 of the Convention; that the applicant’s appeal against the detention order of 28 November 2012 had not been examined “speedily” in breach of Article 5 § 4 of the Convention; and that in the detention order of 23 April 2013 it had been taken as established that he had committed a criminal offence, in breach of Article 6 § 2 of the Convention. They offered to pay him a sum of 3,450 euros (EUR) as just satisfaction and invited the Court to strike the case out of its list of cases.
6. In his letter of 14 August 2015, the applicant informed the Court that he agreed to the terms of the Government’s declaration.
THE LAW
7. The Court considers that the applicant’s agreement to the terms of the declaration made by the Government shall be considered as a friendly settlement between the parties (see Cēsnieks v. Latvia (dec.), no. 9278/06, § 34, 6 March 2012, and Bakal and Others v. Turkey (dec.), no. 8243/08, 5 June 2012).
8. The Court therefore takes note of the friendly settlement reached between the parties. The amount proposed by the Government would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned 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 would constitute the final resolution of the case.
9. The Court 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.
10. In view of the above, it is appropriate to strike the case out of the list in accordance with Article 39 of the Convention.
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 11 February 2016.
Marialena TsirliHelen Keller
Deputy RegistrarPresident
Full & Egal Universal Law Academy