THIRD SECTION
DECISION
Application no. 23749/06
Yevgeniy Sergeyevich VEREMEYENKO
against Russia
The European Court of Human Rights (Third Section), sitting on 10 March 2022 as a Committee composed of:
Peeter Roosma, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 12 May 2006,
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. His complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Russian Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.
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 the excessive length of pre-trial detention. They further acknowledged that the domestic authorities had violated the applicant’s rights guaranteed by other provisions 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 14 April 2022.
{signature_p_1} {signature_p_2}
Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President
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
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]
23749/06
12/05/2006
Yevgeniy Sergeyevich VEREMEYENKO
1979
Art. 5 (4) - excessive length of judicial review of detention - complaint of 03/01/2007 against the detention order of 26/12/2006 was examined on 17/04/2007 by the Supreme Court of Russia,
Art. 8 (1) - allocation or transfer to a remote penal facility irrespective of family life considerations - the applicant serves his sentence in Nizhniy Novgorod Region, about 700 km away from Samara, the hometown of his mother and grandparents. Request for transfer dismissed court appeal dismissed
21/01/2021
12/03/2021
9,860
[1] Plus any tax that may be chargeable to the applicants.