THIRD SECTION

DECISION

Application no. 79975/17 Yevgeniy Vladimirovich NIKOLAYEV

against Russia

The European Court of Human Rights (Third Section), sitting on 17 December 2020 as a Committee composed of:

Darian Pavli, President, Dmitry Dedov , Peeter Roosma, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 14 November 2017,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant ’ s reply to this declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table.

The applicant ’ s complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and lack of an effective remedy in this regard were communicated to the Russian Government (“the Government”) .

The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.

The Government acknowledged the inadequate conditions of detention and the absence of an effective remedy to complain about it . They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay this amount within the above-mentioned 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 applicant informed the Court that he agreed to the terms of the declaration.

THE LAW

The Court finds that, following the applicant ’ s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.

It therefore 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 the Protocols thereto and finds no reasons to justify the 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 21 January 2021 .

Liv Tigerstedt Darian Pavli Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention

( inadequate conditions of detention )

Application no. Date of introduction

Applicant ’ s name

Year of birth

Other complaints under well-established case ‑ law

Date of receipt of Government ’ s declaration

Date of receipt of applicant ’ s acceptance

Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses

per applicant (in euros) [1]

79975/17

14/11/2017

Yevgeniy Vladimirovich NIKOLAYEV

1971Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

18/02/2020

23/06/2020

7,740

[1] Plus any tax that may be chargeable to the applicant.