THIRD SECTION
DECISION
Applications nos. 18274/16 and 83666/17
Aleksandr Yuryevich KANDAKHAROV against Russia
and Yevgeniy Vladimirovich KARABULIN against Russia
The European Court of Human Rights (Third Section), sitting on 21 January 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, 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 formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Articles 3 and 13 of the Convention concerning the ill-treatment in State custody and the absence of an effective investigation in this connection were communicated to the Russian Government (“the Government”).
The Court received the 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, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 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 the Protocols thereto 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.
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 11 February 2021.
Liv TigerstedtDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Articles 3 and 13 of the Convention
(ill-treatment in State custody)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
18274/16
24/03/2016
Aleksandr Yuryevich KANDAKHAROV
1975
Yelayev Ivan Aleksandrovich
Saransk
17/03/2020
30/06/2020
20,000
83666/17
21/11/2017
Yevgeniy Vladimirovich KARABULIN
1980
17/03/2020
16/09/2020
20,000
[1] Plus any tax that may be chargeable to the applicants.
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