FIRST SECTION

DECISION

Application no . 62413/09 Dmitriy Ionasovich TAMAROVICHUS against Russia

The European Court of Human Rights ( First Section ), sitting on 7 April 2015 as a Committee composed of:

Khanlar Hajiyev, President, Julia Laffranque, Dmitry Dedov, judges,

and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 27 July 2009 ,

Having regard to the declaration submitted by the respondent Government on 9 December 2014 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

1. The applicant, Mr Dmitriy Ionasovich Tamarovichus , is a Russian national, who was born in 1964 and is detained in the Voronezh Region. He was represented before the Court by Ms O.V. Preobrazhenskaya, lawyer practising in Strasbourg .

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

3. The applicant complained about poor conditions of his detention and absence of effective remedy in this respect.

4. By letter submitted on 9 December 2014 , the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application. The Government stated their readiness to pay 4 ,000 euros (EUR) to the applicant as just satisfaction. The payment was to cover any pecuniary and non-pecuniary damage, together with any costs and expenses incurred, as well as any tax that may be chargeable. It would be effected within a period of three months from the date of notification of the decision taken by the Court. In the event of failure to pay within that 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. The payment would constitute the final resolution of the case.

5. In his letter of 27 February 2015 , the applicant informed the Court that he agreed to the terms of the Government ’ s declaration .

THE LAW

6. 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 30 April 2015 .

André Wampach Khanlar Hajiyev Deputy Registrar President