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NAUMOV v. RUSSIA

Doc ref: 24232/13 • ECHR ID: 001-145603

Document date: June 17, 2014

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NAUMOV v. RUSSIA

Doc ref: 24232/13 • ECHR ID: 001-145603

Document date: June 17, 2014

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 24232/13 Dmitriy Vladimirovich NAUMOV against Russia

The European Court of Human Rights ( First Section ), sitting on 17 June 2014 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 25 February 2013 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Dmitriy Vladimirovich Naumov , is a Russian national, who was born in 1980 and l ived until his arrest in Votkinsk , Udmurtiya Republic. He was represented before the Court by Ms Y.V. Yefremova , a lawyer practising in Moscow .

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

The applicant complained under Article 8 of the Convention about restrictions on family visits in detention facility and inability to obtain any redress in this regard.

On 1 April and 7 May 2014 the Court received friendly settlement declarations signed by the parties 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 1,500 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses plus any tax that may be chargeable to the applicant . 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.

André Wampach Khanlar Hajiyev              Deputy Registrar President

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