THIRD SECTION
DECISION
Application no. 13067/19
Dmitriy Viktorovich KOCHETKOV
against Russia
The European Court of Human Rights (Third Section), sitting on 19 November 2020 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 31 May 2019,
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 Ms I. Miller, a lawyer practising in Kansk.
The applicant’s complaints under Article 5 § 4 of the Convention concerning the deficiencies in proceedings for review of the lawfulness of detention were communicated to the Russian Government (“the Government”). Complaints based on the same facts were also communicated under Article 5 § 3 of the Convention.
After unsuccessful friendly-settlement negotiations, 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 deficiencies in proceedings for review of the lawfulness of detention. 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 as regards the complaints concerning the deficiencies in proceedings for review of the lawfulness of detention.
The applicant also complained under Article 5 § 3 of the Convention about the excessive length of his detention on remand.
The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the application must be rejected in accordance with Article 35 § 4 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 as regards the complaints concerning the deficiencies in proceedings for review of the lawfulness of detention;
Declares the remainder of the application inadmissible.
Done in English and notified in writing on 10 December 2020.
Liv TigerstedtDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 5 § 4 of the Convention
(deficiencies in proceedings for review of the lawfulness of detention)
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]
13067/19
31/05/2019
Dmitriy Viktorovich KOCHETKOV
1982
Miller Irina Vladimirovna
Kansk
18/03/2020
05/05/2020
500
[1] Plus any tax that may be chargeable to the applicant.
Full & Egal Universal Law Academy