FIRST SECTION
DECISION
Application no. 25662/10
Aleksandr STRELTSOV
against Estonia
The European Court of Human Rights (First Section), sitting on 2 July 2013 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Erik Møse, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 13 March 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Aleksandr Streltsov, is a Russian national, who was born in 1968. He is currently serving a prison sentence.
The Estonian Government (“the Government”) were represented by their Agent, Ms M. Kuurberg, of the Ministry of Foreign Affairs. The Russian Government, having been informed by the Registrar of their right to intervene (Article 36 § 1 of the Convention), did not indicate that they intended to do so.
The applicant complained under Article 6 §§ 1 and 3 (a), (b), (c), (d) of the Convention about the fact that the investigation and court hearing in the criminal case no. 1-457/05 had been conducted without his participation, he had not been informed of the charges against him, had not had adequate time and facilities for the preparation of his defence and had not been given an opportunity to defend himself, neither in person nor through legal assistance. He had not been given a possibility to examine witnesses. He also made a number of complaints under Article 1 of Protocol No. 4 to the Convention and Articles 2 and 4 of Protocol No. 7.
On 18 March 2013 and 6 June 2013 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Estonia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 5,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant. 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.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
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