THIRD SECTION
DECISION
Application no. 52671/07
Kirill Olegovich NEKLYUDOV
against Russia
The European Court of Human Rights (Third Section), sitting on 27 September 2016 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 30 August 2007,
Having regard to the declaration submitted by the respondent Government on 28 April 2015 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 Kirill Olegovich Neklyudov, is a Russian national, who was born in 1985 and is detained in the Perm Region.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights.
The applicant complained that his detention from 8 to 10 May 2007 had not been covered by a judicial order and that his appeal against the detention order of 10 May 2007 had not been examined “speedily”.
The application was communicated to the Government.
By letter dated 28 April 2015 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 5 §§ 1 and 4 of the Convention. They undertook to pay the applicant 2,800 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Russian roubles at the rate applicable on the date of payment and would be free of any taxes that may be applicable. The payment will be effected 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 requested the Court to strike out the application.
On 12 August 2015 the Court received a letter from the applicant informing the Court that he 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 20 October 2016.
Fatoş AracıHelena Jäderblom
Deputy RegistrarPresident
Full & Egal Universal Law Academy