FIRST SECTION
DECISION
Application no. 52856/10
Aleksandr Vladimirovich FIRONOV against Russia
and 4 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 21 April 2015 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Dmitry Dedov, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications lodged on 22 August 2010,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants and their representatives is set out in the appendix.
2. The Russian Government (“the Government”) were represented by their Agent, Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
3. The applicants complained that their pre-trial detention had been unreasonably long and that it had not been based on relevant or sufficient reasons.
4. On 12 December 2013, 18 February 2014, 2 June 2014 and 1 October 2014, the applicants’ complaints were communicated to the Russian Government.
5. By letters of 13 June, 23 September, 12 November and 2 December 2014 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the applications. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
6. In that declaration, the Government acknowledged that all the applicants had been detained without “relevant and sufficient” grounds on the basis of decisions rendered by Russian courts which had not complied with the requirements of Article 5 § 3 of the Convention and stated their readiness to pay the following amounts to the applicants as just satisfaction:
(a)1,450 euros (EUR) to Mr Fironov for his pre-trial detention “between 16 July 2009 and 23 September 2010” (1 year, 2 months, and 8 days);
(b)EUR 1,050 to Mr Galimov for his pre-trial detention “between 21 September 2010 and 1 August 2011” (10 months and 10 days);
(c)EUR 1,500 to Mr Smirnov for his pre-trial detention between “28 August 2010 and 24 November 2011” (1 year, 2 months, and 27 days);
(d)EUR 5,750 to Mr Koval for his pre-trial detention between “19 August 2009 and 22 May 2014” (4 years, 9 months, and 3 days); and
(e)EUR 4,450 to Mr Tomochinskiy for his pre-trial detention between “13 November 2010 and 26 July 2013” (2 years, 8 months, and 12 days).
7. The remainder of their declarations provided as follows:
“The sum referred to above, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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 pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it from 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.
This payment will constitute the final resolution of the case.”
8. In their letters of different dates, the applicants informed the Court that they agreed to the terms of the Government’s declarations.
THE LAW
9. Having regard to the similarity of the main issues under the Convention in the above cases, the Court decides to join the applications and examine them in a single decision.
10. The Court considers that the applicants’ agreement to the terms of the declarations made by the Government shall be considered as a friendly settlement between the parties (see Cēsnieks v. Latvia (dec.), no. 9278/06, § 34, 6 March 2012, and Bakal and Others v. Turkey (dec.), no. 8243/08, 5 June 2012).
11. The Court therefore takes note of the said 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.
12. In view of the above, it is appropriate to strike the cases out of the list in accordance with Article 39 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.
Done in English and notified in writing on 21 May 2015.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
APPENDIX
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
52856/10
22/08/2010
Aleksandr Vladimirovich FIRONOV
26/09/1980
Ufa,
Bashkortostan Republic
19643/11
16/03/2011
Lenar Ziganshevich GALIMOV
22/07/1982
Kazan,
Tatarstan Republic
33488/11
06/05/2011
Aleksandr Sergeyevich SMIRNOV
07/01/1993
Galich,
Kostroma Region
Anatoliy Yuryevich YABLOKOV
Moscow
70636/12
01/10/2012
Aleksey Mikhaylovich KOVAL
27/06/1977
Ivanovo,
Ivanovo Region
22095/13
11/02/2013
Sergey Anatolyevich TOMOCHINSKIY
28/05/1987
Biysk, Altay Region
Full & Egal Universal Law Academy