THIRD SECTION

DECISION

Application no. 4958/18 Aleksandr Vyacheslavovich KOZLOV

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 lodge d on 20 December 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 Article 3 of the Convention concerning the inadequate conditions of detention 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 during a specific period . 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 as regards the complaints concerning the inadequate conditions of detention during the specific period indicated in the Government’s unilateral declaration .

The applicant also complained about the conditions of his detention during another short period in 2017, as well as of the lack of an effective remedy in this regard.

The Court has examined those complaints and finds that the applicant should avail himself of the new compensatory remedy introduced in the Russian Federation, which the Court declared effective in its recent decision of Shmelev and Others v. Russia (( dec. ), nos. 41743/17 and 16 others, 17 March 2020).

It follows that this part of the application must be rejected in accordance with Article 35 § 4 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 as regards the complaints concerning the inadequate conditions of detention during the period specified in the Government’s declaration;

Declares the remainder of the application inadmissible.

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

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]

4958/18

20/12/2017

Aleksandr Vyacheslavovich KOZLOV

1983

17/07/2018

02/10/2018

1,000

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