Ryabov v. Russia

FIRST SECTION

Application no. 24841/06 Andrey Yuryevich RYABOV against Russia

The European Court of Human Rights (First Section), sitting on 29 November 2011 as a Chamber composed of:

Nina Vajić, President, Anatoly Kovler, Peer Lorenzen, Elisabeth Steiner, Khanlar Hajiyev, Mirjana Lazarova Trajkovska, Julia Laffranque, judges, and Søren Nielsen, Section Registrar,

Having regard to the above application lodged on 19 June 2006,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Andrey Yuryevich Ryabov, is a Russian national who was born in 1972 and lives in Cherepovets.

He was represented before the Court by Ms K. Moskalenko and Ms E. Krutikova, lawyers practising in Moscow. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.

The applicant complained under Article 3 of the Convention that the conditions of his pre-trial detention in a remand prison had been inhuman. He further claimed that his detention from 19 July to 23 August 2006 had been unlawful in breach of Article 5 § 1 of the Convention.

On 18 March and 21 October 2011 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 25,000 euros in respect of any pecuniary and non-pecuniary damage, as well as costs and expenses. The payment would 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.

In view of the above, it is appropriate to strike the case out of the list in accordance with Article 39 § 3 of the Convention.

For these reasons, the Court unanimously

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

Søren Nielsen Nina Vajić Registrar President