SECOND SECTION
DECISION
Application no. 46779/15
Sergei KONDRATJEV and Vladislava KONDRATJEVA
against Estonia
The European Court of Human Rights (Second Section), sitting on 27 September 2016 as a Committee composed of:
Paul Lemmens, President,
Ksenija Turković,
Jon Fridrik Kjølbro, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 21 September 2015,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Sergei Kondratjev and Ms Vladislava Kondratjeva, are Estonian and Lithuanian nationals respectively, who were born in 1989 and 1966 respectively and live in Pärnu. They were represented before the Court by Mr P. Järve, a lawyer practising in Pärnu.
The Estonian Government (“the Government”) were represented by their Agent, Ms Maris Kuurberg, Ministry of Foreign Affairs. On 10 May 2016 the case was communicated concerning Sergei Kondratjev´s complaint under Article 3. The remainder of the application was declared inadmissible by the President in accordance with the Single Judge procedure.
Mr Kondratjev complained under Article 3 of the Convention about his treatment in the Pärnu police department on 18 September 2007.
On 30 June 2016 and 1 July 2016 the Court received friendly settlement declarations signed by the parties under which Mr Kondratjev agreed to waive any further claims against Estonia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 5,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable, and payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay this sum within the said 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 LAW
The Court 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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 20 October 2016.
Hasan BakırcıPaul Lemmens
Deputy RegistrarPresident
Full & Egal Universal Law Academy