THIRD SECTION
DECISION
Application no. 75286/12
Dmitriy Viktorovich IZMAYLOV
against Russia
The European Court of Human Rights (Third Section), sitting on 28 June 2016 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 24 October 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 Dmitriy Viktorovich Izmaylov, is a Russian national, who was born in 1983 and is detained in correctional colony in Mendeleyevsk, Republic of Tatarstan. He was represented before the Court by Mr D. Khalikov, a lawyer practising in Naberezhnyye Chelny, Republic of Tatarstan.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained, in particular, under Article 5 § 4 of the Convention about delayed review of the detention orders.
On 16 November 2015 the applicant’s complaint was communicated to the Russian Government.
On 18 and 27 January 2016 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 2,500 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. The payment will be converted into Russian roubles at the rate applicable on the date of payment. It will be payable within three months from the date of notification of the decision taken by the Court. 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 in accordance with Article 39 of the Convention.
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 21 July 2016.
Fatoş AracıHelena Jäderblom
Deputy RegistrarPresident
Full & Egal Universal Law Academy