FIRST SECTION

DECISION

Application no . 38074/07 Yevgeniy Rifkhatovich MUKHAMADEYEV against Russia

The European Court of Human Rights ( First Section ), sitting on 28 January 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 18 July 2007 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Yevgeniy Rifkhatovich Mukhamadeyev , is a Russian national, who was born in 1972 and lived in Medvezhyegorsk in the Republic of Kareliya until his conviction. Since 1998 he has been serving a criminal sentence in a number of Russian penitentiary facilities.

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 , in particular, about a violation of Article 6 of the Convention on account of the authorities ’ refusal to bring him to hearings in his civil case .

On 17 October 2013 the Court received a friendly settlement declaration 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 50,000 Russian roubles, free of any taxes that may be applica ble , and payable within three months from the date of notification of the decision taken by the Court. The parties further undertook not to request the referral of the case to the Grand Chamber under Article 43 § 1 of the Convention. 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