THIRD SECTION
DECISION
Application no. 50961/08
Aleksandr Andreyevich AFANASYEV and Others against Russia
and 3 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 7 February 2017 as a Committee composed of:
Branko Lubarda, President,
Dmitry Dedov,
Alena Poláčková, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the the appendix,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation to the European Court of Human Rights.
The applicants complained under Article 6 of the Convention about the quashing by way of supervisory review of the final domestic judgments in their favour.
On different dates indicated in the appendix the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Russia in respect of the facts giving rise to these applications against an undertaking by the Government to pay them sums indicated in the appendix to cover any non-pecuniary damage as well as costs and expenses, which will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. 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 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 payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 applications. In view of the above, it is appropriate to strike the cases out of the list.
The Court’s present ruling is without prejudice to any decision it might take to restore, pursuant to Article 37 § 2 of the Convention, the present applications to the list of cases (see E.G. and Others v. Poland and 175 other Bug River applications (dec.), nos. 50425/99 and 175 others, § 29, ECHR 2008 (extracts)).
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 9 March 2017.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant
Date of birth
Place of residence
Nationality
Date of receipt of applicant’s acceptance
Date of receipt of Government’s declaration
Amount awarded for pecuniary and/or non‑pecuniary damage and costs and expenses per applicant (in euros)[1]
50961/08
24/09/2008
Aleksandr Andreyevich AFANASYEV
06/06/1951
Naberezhnyye Chelny
Russian
Dmitriy Aleksandrovich AFANASYEV
17/02/1981
Naberezhnyye Chelny
Russian
Galina Dmitriyevna LYUKINA
Naberezhnyye Chelny
Russian
08/11/2016
02/11/2016
1,500
52285/08
20/08/2008
Valentina Nikolayevna BAZHUKHINA
18/05/1982
Tolyatti
Russian
25/10/2016
02/11/2016
1,500
52289/08
20/08/2008
Sergey Nikolayevich BAZHUKHIN
09/05/1974
Tolyatti
Russian
25/10/2016
02/11/2016
1,500
23761/09
25/02/2009
Vladimir Nikolayevich BUT
Tambov
Russian
24/10/2016
02/11/2016
1,500
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy