THIRD SECTION

DECISION

Application no . 34381/16 Roman Viktorovich SMIRNOV against Russia

The European Court of Human Rights (Third Section), sitting on 2 May 2017 as a Committee composed of:

Luis López Guerra, President, Dmitry Dedov, Jolien Schukking, judges,

and Fatoş Aracı, Deputy Section Registrar ,

Having regard to the above application lodged on 30 May 2016,

Having regard to the declaration submitted by the respondent Government on 10 January 2017 requesting the Court to strike the application out of the list of cases and the applicant ’ s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Roman Viktorovich Smirnov, is a Russian national, who was born in 1978 and is detained in St Petersburg.

The Russian Government (“the Government”) were represented initially by Mr G. Matyushkin, Representative of the Russian Federation to the European Court of Human Rights, and then by Mr A. Fedorov, Head of the Office of the Representative of the Russian Federation to the Court.

The applicant complained about the conditions of his detention in Russian penitentiary facilities .

The application was communicated to the Government.

By letter dated 10 January 2017, the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.

They acknowledged a violation of the applicant ’ s rights guaranteed by Article 3 of the Convention. They undertook to pay the applicant 14,125 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Russian roubles at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. The payment would be made within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from 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. They requested the Court to strike out the application.

On 22 February 2017 the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government ’ s 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 its Protocols 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 pursuant to Article 39 of the Convention.

Done in English and notified in writing on 25 April 2017 .

FatoÅŸ Aracı Luis López Guerra              Deputy Registrar President