THIRD SECTION

DECISION

Application no . 49777/09 Andrey Anatolyevich KOTSYUK against Russia

The European Court of Human Rights (Third Section), sitting on 14 March 2017 as a Committee composed of:

Luis López Guerra, President, Dmitry Dedov , Branko Lubarda , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 11 September 2009,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Andrey Anatolyevich Kotsyuk , is a Russian national, who was born in 1985 and lives in the village of Udelnaya in the Moscow Region, Russia. He was represented before the Court by Mr V. Shukhardin , a lawyer practising in Moscow.

The Russian Government (“the Government”) were represented by Mr G. Matyushkin , Representative of the Russian Federation at the European Court of Human Rights.

The applicant complained under Article 5 § 4 of the Convention about the courts ’ failure to examine his appeal against the detention order of the Savelovkiy District Court of 22 January 2009.

On 9 and 28 November 2016 the Court received friendly settlement declarations signed by the applicant and the Government, respectively, under which the applicant agreed to waive any further claims against Russia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,500 euros to cover any pecuniary and non ‑ pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable. It will be payable 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 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 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 6 April 2017 .

FatoÅŸ Aracı Luis López Guerra              Deputy Registrar President