European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/2048.html
Cite as: [2011] ECHR 2048
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FIRST SECTION
DECISION
Application no.
39287/09
by Pavel Pavlovich YEGOROV
against Russia
The European Court of Human Rights (First Section), sitting on 22 November 2011 as a Chamber composed of:
Nina
Vajić,
President,
Anatoly
Kovler,
Peer
Lorenzen,
Elisabeth
Steiner,
Khanlar
Hajiyev,
Linos-Alexandre
Sicilianos,
Erik
Møse, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 10 July 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Pavel Pavlovich Yegorov, is a Russian national who was born in 1991 and lives in the town of Biysk, the Altay Region. He was represented before the Court by his father Mr Pavel Leonidovich Yegorov and Mr Valeriy M. Sklyarov, a lawyer practising in the town of Barnaul, the Altay Region. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
At the relevant time the applicant was a minor. He was diagnosed as suffering from aggravated schizophrenia. At some point in August 2008 he suffocated to death his disabled sister.
On 11 August 2008 the applicant was arrested on suspicion of murder and some time later his detention on remand was authorised by the Vostochnyy District Court of the town of Biysk.
As of August 2008 the applicant was held in remand prison IZ-22/2 of the Altay Region.
On 27 February 2009 the Altay Regional Court examined the applicant’s case. It decided to relieve him of criminal liability with reference to his mental condition and ordered him to undergo a forced treatment in a specialised psychiatric establishment with intensive supervision.
This decision was upheld on 27 April 2009 by the Supreme Court of Russia.
COMPLAINTS
The applicant complained under Articles 3 and 5 of the Convention about the alleged lack of proper medical aid and the fact that it had been generally improper for the authorities to keep a mentally sick person in an ordinary remand prison, as opposed to a specialised medical establishment. The applicant was also dissatisfied with the lack of an effective remedy in the domestic legal system in this connection.
THE LAW
By a letter of 24 August 2011 the respondent Government informed the Court that the applicant had accepted to withdraw the application on the condition that he should be paid 11,000 euros in respect of the damage sustained. They also submitted a copy of the agreement to that effect.
By a letter dated 30 September 2011 the applicant’s lawyer, Mr Valeriy Sklyarov, and the applicant’s father, Mr Pavel Yegorov, confirmed the applicant’s consent to the settlement of the case and the validity of the agreement. They therefore requested the Court to strike the application out of its list of cases accordingly.
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 public policy 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.
Søren Nielsen Nina
Vajić
Registrar President