FIRST SECTION
DECISION
Application no. 11994/09
Dmitriy Valeryevich YAKOVLEV
against Russia
The European Court of Human Rights (First Section), sitting on 17 June 2014 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Dmitry Dedov, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 28 January 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dmitriy Valeryevich Yakovlev, is a Russian national, who was born in 1979 and lives in Samara.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 5 § 5 of the Convention that he was refused compensation for a period of unlawful detention.
On 12 November and 12 December 2013 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 a sum of money to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Russian roubles 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 the 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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