THIRD SECTION

DECISION

Application no. 41358/12 Zhanna Askerovna ISMAILOVA and Arslan Dzhabrailovich ISMAILOV against Russia

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

Alena Poláčková , President,

Dmitry Dedov,

Gilberto Felici, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 3 July 2012 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s is set out in the appended table.

The applicants were represented by lawyers from the Memorial Human Rights Centre, an NGO based in Moscow.

The applicants ’ complaints under Article 2 of the Convention concerning the disappearance of their relative, Mr Rashid Ismailov , the failure of the domestic authorities to conduct an effective investigation into the incident, under Article 3 of the Convention concerning the alleged ill-treatment of the second applicant, and under Article 5 of the Convention concerning the alleged unlawful detention of the second applicant and Mr Rashid Ismailov , as well as the applicants ’ complaint under Article 13 of the Convention that there was no effective remedy in respect of the alleged violations of the Convention were communicated to the Russian Government (“the Government”) on 21 June 2019 .

On 19 December 2019 the Court received the friendly-settlement declaration under which the applicant s 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 them the amount s detailed in the appended table. These amounts will be converted into the currency of the respondent State and be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 8 October 2020 .

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article s 2 , 3, 5 and 13 of the Convention

Application no. Date of introduction

Applicant ’ s name

Date of birth

Representative ’ s name and location

Date of receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for pecuniary and non-pecuniary damage jointly to the applicants

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

41358/12

03/07/2012

Ms Zhanna ISMAILOVA

11/06/ 1957

Mr Arslan ISMAILOV

22/06/ 1977

MEMORIAL Human Rights Centre

Moscow

14/11/2019

19/12/2020

124,000

2,600

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

[2] Plus any tax that may be chargeable to the applicants.