THIRD SECTION
DECISION
Application no. 60085/10
Dmitriy Yevgenyevich BOBROVSKIY against Russia
and 2 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 18 January 2018 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Russian Government (“the Government”). In applications nos. 71550/10 and 56721/13 complaints under Article 5 § 4 of the Convention were also communicated.
The Government submitted declarations with a view to resolving the issues raised by these complaints. They acknowledged the excessive length of pre-trial detention. In application no. 71550/10, they further acknowledged that the domestic authorities had violated the applicant’s rights guaranteed by Article 5 § 4 of the Convention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts 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 decision. In the event of failure to pay these amounts within the above-mentioned 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 payment will constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the declarations.
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 finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore 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 the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the excessive length of pre-trial detention, and a complaint under Article 5 § 4 of the Convention raised in application no. 71550/10.
In application no. 56721/13 the applicant also raised a complaint under Article 5 § 4 of the Convention.
The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matter complained of is within its competence (see Zuyev v. Russia, no. 16262/05, §§ 95-96, 19 February 2013, and Pichugin v. Russia, no. 38623/03, § 153, 23 October 2012), this complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.
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 as regards the complaints concerning the excessive length of pre-trial detention and the complaint under Article 5 § 4 of the Convention raised in application no. 71550/10;
Declares the remainder of the application no. 56721/13 inadmissible.
Done in English and notified in writing on 8 February 2018.
Liv TigerstedtLuis López Guerra
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Other complaints under well-established case-law
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[i]
60085/10
27/09/2010
Dmitriy Yevgenyevich Bobrovskiy
19/11/1983
Maklin Aleksandr Anatolyevich
Tula
11/02/2016
22/06/2016
1,200
71550/10
10/11/2010
Irek Ilyazovich Shafigullin
20/06/1982
Art. 5 (4) - excessive length of judicial review of detention - Complaint that the applicant’s appeal against the detention order of 06/04/2010 was considered only on 25/06/2010
11/02/2016
02/09/2016
2,600
56721/13
27/08/2013
Roman Khizrailovich Atayev
04/04/1993
Tretyak Tatyana Aleksandrovna
Gelendzhik
01/06/2016
19/07/2016
600
[i]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy