CASE OF KONDRATYEV v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation)
Dmitry Dedov;Luis López Guerra
4. The relevant details of the application are set out in the appended table. 5. The Government submitted a declaration with a view to resolving the issues raised by the applicant. 6. In particular, the Government acknowledged that the applicant had remained in pre-trial detention for an excessively lengthy period in violation of Article 5 § 3 of the Convention. They offered to pay the applicant 1,700 euros and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s judgement. In the event of failure to pay this amount within the abovementioned three-month period, the Government undertook to pay simple interest on them, from the 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 declaration did not mention the applicant’s complaint under Article 5 §§ 4 and 5 of the Convention. 7. The applicant informed the Court that he agreed to the terms of the declaration.