European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/539.html
Cite as: [2011] ECHR 539
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FIRST SECTION
DECISION
Application no.
33177/07
by Boris Fedorovich RZHAVIN
against Russia
The European Court of Human Rights (First Section), sitting on 15 March 2011 as a Chamber composed of:
Nina
Vajić,
President,
Anatoly
Kovler,
Christos
Rozakis,
Peer
Lorenzen,
Elisabeth
Steiner,
Khanlar
Hajiyev,
George
Nicolaou,
judges,
and Søren Nielsen,
Section Registrar
Having regard to the above application lodged on 31 May 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Boris Fedorovich Rzhavin, a Russian national who was born in 1937 and lives in the town of Yoshkar-Ola, Mariy El Republic. He was represented before the Court by Mr A. Ryzhov, Ms O. Sadovskaya and Mr I. Kalyapin, lawyers practising in Nizhniy Novgorod. 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 Articles 3, 5 and 13 of the Convention that he had been subjected to inhuman and degrading treatment by the police officers on 17 December 2001, having been taken, barefoot and dressed in skivvies only, from his home to a police station, that his deprivation of liberty for several hours had been unlawful and that he had had no effective means for protecting his rights.
On 1 November and 6 December 2010 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 12,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable and 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. 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).
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.
Søren Nielsen Nina Vajić
Registrar President