THIRD SECTION

DECISION

Application no . 45013/09 Elchin Ikhtiyarovich GUSEYNOV against Russia

The European Court of Human Rights (Third Section), sitting on 27 September 2016 as a Committee composed of:

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

and Fatoş Aracı, Deputy Section Registrar ,

Having regard to the above application lodged on 25 July 2009,

Having regard to the declaration submitted by the respondent Government on 28 October 2015 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 Elchin Ikhtiyarovich Guseynov, is a Russian national, who was born in 1983 and lives in St Petersburg.

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

The applicant complained about the poor conditions of detention in a remand prison, use of a metal cage in the courtroom, an eleven-day-long gap which was not covered by a detention order, an excessively long detention on remand without sufficient reasons, and a one ‑ month delay in reviewing the lawfulness of a detention order on appeal.

The complaints were communicated to the Government.

On 28 October 2015 the Government submitted a declaration with a view to resolving the issues raised in the complaints.

They acknowledged a violation of the applicant ’ s rights guaranteed by Article 3 and Article 5 §§ 1, 3 and 4 of the Convention. They undertook to pay the applicant 7,500 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would 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 will be effected 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 June 2016 the Court received a letter from the applicant informing the Court that he 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.

The Court 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 20 October 2016 .

FatoÅŸ Aracı Helena Jäderblom              Deputy Registrar President