THIRD SECTION
DECISION
Application no. 6229/13
Vadim Nikolayevich VESELKOV
against Russia
The European Court of Human Rights (Third Section), sitting on 22 May 2018 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 20 December 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vadim Nikolayevich Veselkov, is a Russian national, who was born in 1975 and lives in Barnaul.
The Russian Government (“the Government”) were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.
The applicant complained under Article 3 of the Convention about his ill‑treatment by police officers at the Tsentralniy district police department of Barnaul on 22 February 2010, as a result of which he had suffered grave damage to his health. He also complained that in refusing to institute criminal proceedings against the police officers the Tsentralniy district unit of the Barnaul investigative committee had failed to carry out an effective investigation into the incident, and that 50,000 roubles – awarded to him in respect of non‑pecuniary damage suffered as a result of the police ill‑treatment in a judgment of the Industrialniy District Court of Barnaul of 21 June 2012, modified on appeal by the Altay Regional Court on 9 July 2013 – was not an adequate compensation for his sufferings.
On 15 February 2018 and 19 March 2018 the Court received friendly settlement declarations 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 against an undertaking by the Government to pay him 18,000 (eighteen thousand) euros to cover any pecuniary and non‑pecuniary damage as well as costs and expenses, which will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. 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 14 June 2018.
Fatoş AracıAlena Poláčková
Deputy RegistrarPresident
Full & Egal Universal Law Academy