FIRST SECTION

DECISION

Application no . 34378/07 Vitaliy Vasilyevich POVAR against Russia

The European Court of Human Rights ( First Section ), sitting on 18 February 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 31 July 2007 ,

Having regard to the declaration submitted by the Government and the applicant ’ s acceptance of its terms ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Vitaliy Vasilyevich Povar , is a Moldovan national, who was born in 1968 and lives in Ungheni .

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

The applicant complained , under Article 3 of the Convention, about the conditions of his detention pending his extradition to Moldova. He further alleged, with reference to Article 5, that the detention had been unlawful and not amenable to judicial control .

By the letter submitted on 25 September 2013 , the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application. They acknowledged that “between 27 December 2005 and 9 March 2007, Vitaliy Vasilyevich Povar was kept in the conditions which did not comply with the requirements of Article 3 of the Convention, his detention pending extradition wasn ’ t “lawful” within the meaning of Article 5 § 1 (f), and he didn ’ t have an opportunity to bring judicial review proceedings in respect of the decision authorizing his detention as required by Article 5 § 4 of the Convention ” . The Government stated their readiness to pay 7,000 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 cases.

In his letter of 29 November 2013 , the applicant informed the Court that he agreed to the terms of the Government ’ s declaration .

THE LAW

The Court considers that the applicant ’ s agreement to the terms of the declaration made by the Government shall be considered as a friendly settlement between the parties (see Cēsnieks v. Latvia ( dec. ), no. 9278/06, § 34 , 6 March 2012, and Bakal and Others v. Turkey ( dec. ), no. 8243/08, 5 June 2012 ).

The Court therefore 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 applications.

In view of the above, it is appropriate to strike the case out of the list in accordance with Article 39 of the Convention.

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