THIRD SECTION
DECISION
Application no. 15477/12
Sergey Nikolayevich GAVRICHKOV
against Russia
The European Court of Human Rights (Third Section), sitting on 21 January 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 21 February 2012,
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 this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr A. Gortalov, a lawyer practising in St Petersburg.
The applicant’s complaints under Articles 3 and 6 of the Convention concerning the ill-treatment in State custody, the absence of an effective investigation in this connection and the alleged lack of fair hearing in his criminal case were communicated to the Russian Government (“the Government”).
The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.
The Government acknowledged the ill-treatment in State custody, the absence of an effective investigation in this connection and also a violation of Article 6 of the Convention in the criminal proceedings against him. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount 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 will constitute the final resolution of the case.
The applicant informed the Court that he agreed to the terms of the 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 the Protocols thereto and finds no reasons to justify the 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 11 February 2021.
Liv TigerstedtDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Articles 3 and 6 of the Convention
(ill-treatment during arrest)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
15477/12
21/02/2012
Sergey Nikolayevich GAVRICHKOV
1988
Gortalov Aleksandr Konstantinovich
St Petersburg
18/11/2019
22/01/2020
20,000
[1] Plus any tax that may be chargeable to the applicant.
Full & Egal Universal Law Academy