THIRD SECTION
DECISION
Application no. 13939/10
Igor Viktorovich SHCHEVELEV
against Russia
The European Court of Human Rights (Third Section), sitting on 30 August 2016 as a Committee composed of:
Branko Lubarda, President,
Pere Pastor Vilanova,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 25 January 2010,
Having regard to the declaration submitted by the respondent Government on 14 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 Viktorovich Shchevelev, is a Russian national, who was born in 1956 and lives in Magnitogorsk, Chelyabinsk Region.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation to the European Court of Human Rights.
On 11 May 2015 the applicant’s complaint was communicated to the Russian Government.
On 14 September 2015 the Government submitted a unilateral declaration. They acknowledged that the applicant had been detained without relevant and sufficient reasons in breach of Article 5 § 3 of the Convention. The Government stated their readiness to pay 950 euros (EUR) to the applicant as just satisfaction for his pre-trial detention “between 11 June 2009 and 8 December 2009 and between 8 June 2010 and 1 September 2010”.
On 10 December 2015 the applicant replied that he had taken note of the Government’s acknowledgment of the violation and accepted the terms of the declaration.
THE LAW
The Court considers that the applicant’s express agreement to the terms of the declaration made by the Government should be considered as a friendly settlement between the parties (see Cēsnieks v. Latvia (dec.), no. 9278/06, § 34, 6 March 2012, and Bakal and Others v. Turkey (dec.), no. 8243/08, 5 June 2012).
The Court therefore takes note of the friendly settlement reached between the parties. It considers that the amount proposed by the Government should be converted into the currency of the respondent State at the rate applicable on the date of payment and paid within three months from the date of notification of the Court’s decision. In the event of failure to settle within this period, simple interest shall be payable on the amount in question at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment shall constitute the final resolution of the case.
The Court 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 in accordance with Article 39 of the Convention.
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 22 September 2016.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
Full & Egal Universal Law Academy