THIRD SECTION
DECISION
Application no. 50462/16
Vepkhiya Mirianovich SORDIYA
against Russia
The European Court of Human Rights (Third Section), sitting on 19 June 2018 as a Committee composed of:
Branko Lubarda, President,
Pere Pastor Vilanova,
Georgios A. Serghides, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 26 August 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vepkhiya Mirianovich Sordiya, is a Stateless person, who was born in 1966. He was represented before the Court by Ms O. Tseytlina, lawyer practising in St Petersburg.
The Russian Government (“the Government”) were represented by Mr M. Galperin, the Representative of the Russian Federation to the European Court of Human Rights.
On 22 November 2016 the Court was informed that the applicant died on 8 October 2016 and that his brother, Mr Giya Mirianovich Sordiya, expressed the wish to pursue proceedings in his stead.
By the letter of 10 January 2017 the Russian Government informed the Court that they leave the issue of the applicant’s brother participation in the proceedings to the Court’s discretion provided that all the requirements of the Convention and the Rules of Court are met.
On 5 September 2017 the case was communicated to the Government.
On 21 March 2018 and 16 March 2018 the Court received friendly settlement declarations signed by the parties under which Mr Giya Mirianovich Sordiya agreed to waive any further claims against Russia in respect of the facts giving rise to this application against an undertaking by the Government to pay him seven thousand five hundred euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable, which will be converted into Russian roubles at the rate applicable on the date of payment. It will be payable 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 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 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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 12 July 2018.
Stephen PhillipsBranko Lubarda
RegistrarPresident
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