THIRD SECTION
DECISION
Application no. 64127/13
Andrey Anatolyevich ZIMIN
against Russia
The European Court of Human Rights (Third Section), sitting on 5 January 2017 as a Committee composed of:
Branko Lubarda, President,
Pere Pastor Vilanova,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 15 January 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Andrey Anatolyevich Zimin, is a Russian national, who was born in 1977 and is detained in Puksa. He was represented before the Court by Mr E. Mezak, a lawyer practising in Syktyvkar.
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 under Article 3 of the Convention about the medical negligence in prison.
On 2 March and 20 November 2016 the Court received friendly settlement declarations signed by the Government and the applicant, respectively, 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 15,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which 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 26 January 2017.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
Full & Egal Universal Law Academy