THIRD SECTION
DECISION
Application no. 40489/08
Nikolay Sergeyevich KOSENKOV
against Russia
The European Court of Human Rights (Third Section), sitting on 7 March 2017 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 1 August 2008,
Having regard to the declaration submitted by the respondent Government on 9 November 2016 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Nikolay Sergeyevich Kosenkov, is a Russian national, who was born in 1951 and lives in Volgograd.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 6 of the Convention about the quashing by way of supervisory review of the final judgments in his favour.
The application was communicated to the Government.
After unsuccessful friendly-settlement negotiations, by letter dated 9 November 2016 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 a violation of the applicant’s rights guaranteed by Article 6 of the Convention. They undertook to pay the applicants 1,050 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the national currency of the Russian Federation at the rate applicable on the date of payment. It will be payable within three months from the date of notification of the decision taken by the Court. 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 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. They further requested the Court to strike out the applications.
On 19 January 2017, the Court received a letter from the applicant informing 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 30 March 2017.
Fatoş AracıLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy