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MISHIN v. RUSSIA

Doc ref: 40912/06 • ECHR ID: 001-169709

Document date: November 17, 2016

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MISHIN v. RUSSIA

Doc ref: 40912/06 • ECHR ID: 001-169709

Document date: November 17, 2016

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 40912/06 Roman Ivanovich MISHIN

against Russia (see appended table)

The European Court of Human Rights (Third Section), sitting on 17 November 2016 as a Committee composed of:

Helena Jäderblom , President, Dmitry Dedov , Branko Lubarda , judges,

and Hasan Bakırcı , Deputy Section Registrar,

Having regard to the above application lodged on 11 August 2006,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s complaint under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings was communicated to the Russian Government (“the Government”) .

The Court received friendly-settlement declarations 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 8 December 2016 .

Hasan Bakırcı Helena Jäderblom              Deputy Registrar President

APPENDIX

No.

Application no. Date of introduction

Applicant name

Date of birth

Date of receipt of Government declaration

Date of receipt of Applicant ’ s declaration

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

(in euros) [i]

40912/06

11/08/2006

Roman Ivanovich MISHIN

27/02/1979

22/09/2010

30/03/2011

2,400

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

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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