THIRD SECTION
DECISION
Application no. 10787/19
Andrey Aleksandrovich TIKHOMIROV
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 9 January 2019,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaints under Articles 3, 8 and 13 of the Convention concerning (1) the inadequate conditions of detention, (2) the authorities’ decision to allocate him to a remote establishment for the purposes of serving his sentence, and (3) the alleged lack of effective remedies in that respect were communicated to the Russian Government (“the Government”).
The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.
The Government acknowledged that the domestic authorities had violated the applicant’s rights guaranteed by Articles 3, 8 and 13 of the Convention. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment and would 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 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 applicant informed the Court that he agreed to the terms of the 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 the Protocols thereto and finds no reasons to justify the 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 3 of the Convention
(inadequate conditions of detention)
Application no.
Date of introduction
Applicant’s name
Year of birth
Other complaints under well-established case-law
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
10787/19
09/01/2019
Andrey Aleksandrovich TIKHOMIROV
1974
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - and in respect of allocation to a remote colony,
Art. 8 (1) - allocation or transfer to a remote penal facility irrespective of family life considerations - remote location of the correctional colony from his previous place of residence in Kirishi, Leningrad Region, where his family lives
19/03/2020
23/06/2020
7,000
[1] Plus any tax that may be chargeable to the applicant.
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