THIRD SECTION
DECISION
Application nos. 37179/12 and 1399/14
Arsen Dzhanikovich KHANOYAN against Russia
and Salman Musayevich KHAMKHOYEV against Russia
The European Court of Human Rights (Third Section), sitting on 26 January 2016 as a Committee composed of:
Helen Keller, President,
Johannes Silvis,
Alena Poláčková, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged on 6 May 2012 and 9 December 2013 respectively,
Having regard to the declarations submitted by the Government on 27 February 2015 requesting the Court to strike the applications out of the list of cases and the applicants’ reply to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Mr Arsen Dzhanikovich Khanoyan, is a Russian national, who was born in 1979 and is detained in Moscow. He was represented before the Court by Mr V. Shukhardin, lawyer practising in Moscow.
The applicant in the second case, Mr Salman Musayevich Khamkhoyev, is a Russian national, who was born in 1979 and is detained in Moscow. He was represented before the Court by Mr A. Geroyev, a lawyer practising in Moscow.
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 about their lengthy and unreasoned pre-trial detention and the delayed review of their pre-trial detention.
On 1 October 2014 the applicants’ complaints were communicated to the Russian Government.
On 27 February 2015 the Government submitted unilateral declarations. They acknowledged that the applicants had been detained without relevant and sufficient reasons in breach of Article 5 § 3 of the Convention; that the applicants’ appeal against the detention orders had not been examined “speedily” in breach of Article 5 § 4 of the Convention. The Government stated their readiness to pay the following amounts to the applicants as just satisfaction:
(a)3,900 euros (EUR) to Mr Khanoyan for his pre-trial detention “between 18 August 2011 and 14 May 2012” (8 months and 26 days), as well as for delayed review of his appeals against detention orders of 11 October, 16 November and 13 December 2011, 13 January and 14 February 2012;
(b)EUR 2,200 to Mr Khamkhoyev for his pre-trial detention “between 30 March 2013 and 26 March 2014” (11 months and 26 days), as well as for delayed review of his appeals against detention order of 8 October 2013.
By letters of 8 and 14 April 2015 the applicants informed the Court that they agreed to the terms of the Government’s declarations.
THE LAW
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.
The Court considers that the applicants’ express agreement to the terms of the declarations made by the Government should 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).
The Court therefore takes note of the friendly settlement reached between the parties. It considers that the amounts proposed by the Government should be converted into the currency of the respondent State at the rate applicable on the date of payment and paid within three months from the date of notification of the Court’s decision. In the event of failure to settle within this period, simple interest shall be payable on the amounts in question at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment shall constitute the final resolution of the case.
The Court 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 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 18 February 2016.
Marialena TsirliHelen Keller
Deputy RegistrarPresident
Full & Egal Universal Law Academy