THIRD SECTION
DECISION
Application no. 17329/06
Igor Andreyevich RESHETIN
against Russia
The European Court of Human Rights (Third Section), sitting on 26 January 2016 as a Committee composed of:
George Nicolaou, President,
Branko Lubarda,
Pere Pastor Vilanova, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 25 April 2006,
Having regard to the declaration submitted by the respondent Government on 30 September 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 Igor Andreyevich Reshetin, is a Russian national, who was born in 1953 and lives in Korolev. He was represented before the Court by Mr A. Yablokov, a lawyer practising in Moscow.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained in particular about poor conditions and excessive length of his pre-trial detention as well as about the length of review of detention orders and his absence from these hearings.
The application was communicated to the Government.
By letter dated 30 September 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 that there was a violation of Articles 3, 5 §§ 3 and 4 of the Convention on account of inhuman conditions of the applicant’s detention, an excessive length of his pre-trial detention, a delayed examination of the applicant’s appeals against the detention orders and his absence from these hearings. They stated their readiness to pay the applicant a sum of 9,425 euros (EUR) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into local currency at the rate applicable on the date of payment. The sum was payable free of any applicable taxes 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 application.
On 13 November 2015 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 18 February 2016.
Marialena TsirliGeorge Nicolaou
Deputy RegistrarPresident
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