THIRD SECTION
DECISION
Application no. 49739/10 and no. 14549/11
Artur Vladimirovich KERN against Russia
and Yevgeniy Aleksandrovich ANISHCHENKO against Russia
The European Court of Human Rights (Third Section), sitting on 30 June 2016 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Hasan Bakırcı, 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 complaints of both applicants under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Russian Government (“the Government”). The complaint of Mr A. Kern under Article 5 § 4 of the Convention regarding the inability to attend the appeal hearing of 9 March 2010 was also communicated.
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the excessive length of pre-trial detention in both cases. They further acknowledged that the domestic authorities had violated Mr A. Kern’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.
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 July 2016.
Hasan BakırcıHelena Jäderblom
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth /
Date of registration
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]
49739/10
15/06/2010
Artur Vladimirovich KERN
30/08/1968
Art. 5 (4) - excessive length of judicial review of detention
30/10/2015
02/02/2016
1,200
14549/11
10/02/2011
Yevgeniy Aleksandrovich ANISHCHENKO
07/11/1970
30/10/2015
04/02/2016
3,250
[i] Plus any tax that may be chargeable to the applicants.
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