THIRD SECTION
DECISION
Application no. 28486/20
Roman Ruslanovich PETRUKHIN
against Russia
The European Court of Human Rights (Third Section), sitting on 26 August 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 10 July 2020,
Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court,
Having regard to the formal declarations accepting a friendly settlement of the case,
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 D. Latypova, residing in Chelyabinsk.
The applicant complained under Articles 3, 6, 8 and 13 of the Convention about the non-enforcement of the judgment of the Blagoveshchensk Town Court of 8 April 2020 granting him medical treatment with Spinraza at the expense of the State. The applicant also complained under Article 34 of the Convention about the authorities’ failure to comply with the interim measures ordered by the Court in his case on 15 July 2020.
On 26 May 2021 the Government informed the Court that the judgment of the Blagoveshchensk Town Court of 8 April 2020 had been enforced and that the applicant had been receiving treatment with Spinraza since November 2020. The applicant did not dispute that information.
The Court received the friendly-settlement proposal from the Government, accepted by the applicant, under which the latter agreed to waive any further claims against Russia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 the Protocols thereto 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.
In accordance with Article 28 § 2 of the Convention, the present decision is final. Accordingly, the Court considers that the measure indicated to the Government under Rule 39 of the Rules of Court comes to an end.
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 16 September 2021.
{signature_p_2}
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Articles 3 and 6 of the Convention
(non-enforcement of a final judgment granting medical treatment at the expense of the State)
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 declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
28486/20
10/07/2020
Roman Ruslanovich PETRUKHIN
2011
Latypova Dina Ayvarovna
Chelyabinsk
26/05/2021
11/06/2021
10,000
[1] Plus any tax that may be chargeable to the applicant.
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