THIRD SECTION
DECISION
Application no. 19004/20
Yelena Ivanovna SKOROBOGATOVA
against Russia
The European Court of Human Rights (Third Section), sitting on 25 March 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to the above application lodged on 6 May 2020,
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.
She was represented by Ms O. Preobrazhenskaya, a lawyer admitted to practice in Russia.
The applicant’s complaint under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention was communicated to the Russian Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention (see the appended table).
The Court received the friendly-settlement declaration, signed by the parties, under which the applicant 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 her 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.
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 15 April 2021.
{signature_p_2}
Liv TigerstedtDarian Pavli
Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other complaints under well-established case-law
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]
19004/20
06/05/2020
Yelena Ivanovna SKOROBOGATOVA
1970
Preobrazhenskaya Oksana Vladimirovna
Strasbourg
Art. 13 - lack of any effective remedy in domestic law - in respect of confinement in a metal cage in a courtroom and lack of family visits in a pre-trial detention facility,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in the Kirovskiy District Court of Yaroslavl,
Art. 8 (1) - lack of practical opportunities for or restriction on prison visits from 26/11/2019 to 25/05/2020 in IZ-1 in the Yaroslavl Region.
15/01/2021
09/12/2020
9,750
[1] Plus any tax that may be chargeable to the applicant.
Full & Egal Universal Law Academy