FIRST SECTION
DECISION
Application no. 21455/04
by Ramadan RAAD MAZGAR
against Russia
The European Court of Human Rights (First Section), sitting on 11 May 2010 as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 7 May 2004,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Ramadan Raad Mazgar, a national of Iraq, who was born in 1957 and lives in St Petersburg. He was represented before the Court by Ms O. Tseytlina, lawyer practising in St Petersburg and by lawyers of the NGO EHRAC/Memorial Human Rights Centre. 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 5 §§ 1, 2 and 4 of the Convention that he was arrested during a random police check in the street and placed in a special detention centre for vagrants and beggars for ten days under the Decree of the President of the Russian Federation of 2 November 1993 no. 815 On Measures for Prevention of Vagrancy and Mendicancy.
On 26 January 2010 the Court received the following declaration from the Government:
“The authorities of the Russian Federation and the applicant, Mr Ramadan Raad Mazgar, application no. 21455/04, now reached the following settlement [...]: (a) due to humanitarian considerations and interests of respect of human rights, the authorities of the Russian Federation will pay to the applicant the sum of 10,000 euro – VAT, legal costs incurred in the proceedings before the European Court of Human Rights included, to be converted into Russian roubles at the rate applicable at the day of payment. It will be payable within three months after the notification of the decision taken by the Court pursuant to Article 39 of the Convention. (b) The applicant declares that, subject to the fulfilment of what is stated under (a), he has no further claims against the Russian Federation based on the facts of the application filed by him with the European Court of Human Rights. [...]”
On 14 April 2010 the Court received the same declaration signed by the applicant. The Court also received a request from the applicant that the sum payable to him would be transferred to his representative's bank account in view of his inability to open a bank account in his own name because of the lack of residence permit. He provided details of Ms O. Tseytlina's account.
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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). It further considers that the applicant's request to have the sum indicated in the friendly settlement declaration transferred to the account of Ms O. Tseytlina be granted.
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.
Søren NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy