THIRD SECTION

DECISION

Application no. 14574/18 Viktor Nikolayevich MIKHAYLOV

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 17 October 2018 ,

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

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”) . C omplaints based on the same facts were also communicated under other provisions of the Convention.

The Court received the friendly-settlement declaration , 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, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 the Protocols thereto 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 21 January 2021 .

             {signature_p_2}

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 declaration

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

per applicant

(in euros) [1]

14574/18

17/10/2018

Viktor Nikolayevich MIKHAYLOV

1969Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - and in respect of his complaint under Article 8 of the Convention,

Art. 8 (1) - allocation or transfer to a remote penal facility irrespective of family life considerations - the applicant family lives in Volgograd (1800 km of distance from his current detention facility in Komi)

05/10/2020

30/10/2020

7,800

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