THIRD SECTION

DECISION

Application no. 56735/19 A.K. against Russia

The European Court of Human Rights (Third Section), sitting on 23 March 2021 as a Committee composed of:

Georges Ravarani , President, Darian Pavli, Anja Seibert- Fohr , judges,

and Olga Chernishova, Deputy Section Registrar ,

Having regard to the above application lodged on 25 October 2019,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant is a Russian national. The Court decided that the applicant ’ s name should not be disclosed to the public (Rule 47 § 4 of the Rules of Court). The applicant was represented before the Court by Ms A. Gerasimova and Ms N. Orlova , lawyers practising in Moscow.

The Russian Government (“the Government”) were represented by Mr M. Galperin, Representative of the Russian Federation to the European Court of Human Rights.

The applicant complained under Articles 2, 3, 6 and 8 of the Convention about the authorities ’ failure to comply with a judgment delivered by the Kirovskiy District Court of Ufa on 20 February 2019. It granted the applicant access to medication of vital importance – Revestive . According to her, the non-enforcement of the judgment put her life at risk, amounted to inhuman and degrading treatment, breached her right to a fair trial, and resulted in drastic deterioration of the quality of her life.

On 1 and 4 February 2021 the Court received friendly settlement declarations signed by the applicant and the Government respectively. The applicant agreed to waive any further claims against Russia in respect of the facts giving rise to her application against an undertaking by the Government to ensure appropriate execution of the judgment delivered by the Kirovskiy District Court of Ufa on 20 February 2019 during the period when it is binding for the authorities and to pay her 8,000 euros (EUR) to cover any and all non-pecuniary damage as well as EUR 1,000 to cover any and all costs and expenses. These amounts will be converted into Russian roubles at the rate applicable on the date of payment and 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 these sums within the said three ‑ month period, the Government undertake to pay simple interest on them, from 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 22 April 2021 .

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Olga Chernishova Georges Ravarani Deputy R egistrar President