European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 31857/07
by Lemma Lechaevich SUSAROV
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 5 July 2011 as a Committee composed of:

Mark Villiger, President,
Elisabet Fura,
Ann Power, judges
and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 27 July 2007,

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Lemma Lechaevich Susarov, is a Russian national who was born in 1982 and lives in Kyiv. He was represented before the Court by Mr O. Levytskyy, a lawyer practising in Kyiv. The Ukrainian Government (“the Government”) were represented by their Agent, Ms V. Lutkovska, from the Ministry of Justice.

The applicant complained under Article 5 § 1 about the unlawfulness of his detention pending the extradition proceedings. He further made several other complaints which he later withdrew.

On 27 April and 19 May 2011 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application against an undertaking by the Government to pay him 6,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into national currency at the rate applicable on the date of payment. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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. 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 (Article 37 § 1 in fine of the Convention). Accordingly, the case should be struck out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Stephen Phillips Mark Villiger
Deputy Registrar President