FIRST SECTION
DECISION
Application no. 10677/09
Ruslan Ravilevich KHUZIN
against Russia
The European Court of Human Rights (First Section), sitting on 25 August 2015 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Dmitry Dedov, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 25 November 2008,
Having regard to the declaration submitted by the Government and the applicant’s acceptance of its terms,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ruslan Ravilevich Khuzin, is a Russian national, who was born in 1978 and is detained in Kazan He was represented before the Court by Mr P.A. Finogenov, a lawyer practising in Moscow.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 3 of the Convention about conditions of his pre-trial detention. The application was communicated to the Government.
By letter dated 23 May 2014 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 the applicant had been “detained in the conditions which did not comply with the requirements of Article 3 of the Convention”. The Government stated their readiness to pay 4,400 euros (EUR) to the applicant as just satisfaction. The payment was to cover any pecuniary and non-pecuniary damage, together with any costs and expenses incurred, as well as any tax that may be chargeable. It would be effected within a period of three months from the date of notification of the decision taken by the Court. In the event of failure to pay within that 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 cases.
By letter dated 2 December 2014 the applicant informed the Court that he had agreed to 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 17 September 2015.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
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