THIRD SECTION

DECISION

Application no. 17976/11 Konstantin Aleksandrovich YEVGENYEV against Russia

The European Court of Human Rights (Third Section), sitting on 28 November 2019 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 26 February 2011,

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, Mr Konstantin Aleksandrovich Yevgenyev, is a Russian national, who was born in 1981 and is detained in Nizhnekamsk, Republic of Tatarstan.

The applicant was represented by Mr V. Shukhardin, a lawyer practising in Moscow.

The applicant ’ s complaints under Article 5 of the Convention, concerning unlawful and lengthy pre-trial detention as well as delayed review of detention orders, were communicated to the Russian Government (“the Government”).

On 16 January 2019 the Government submitted a unilateral declaration with a view to resolving the issues raised by these complaints.

The Government acknowledged that the domestic authorities had violated the applicant ’ s rights guaranteed by Article 5 of the Convention. They offered to pay the applicant 7,000 (seven thousand) euros 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.

On 9 February 2019 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 19 December 2019 .

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President